Study Of Japanese Administrative Reconsideration System

With the rapid development of administrative law, in today’s society, the administrative dispute has changed. Administrative dispute highlights become a trend, if not effectively will relief before litigation, administrative dispute could lead to social instability, in today’s China, stability is the pursuit of universal across the country, but also the pursuit of legal person. How to effective relief for the administrative relative person, reduce administrative dispute, has become the most urgent proposition. The current administrative dispute solution can effectively provide remedy for the administrative relative person, but in the efficient and needs to be improved in such aspects as cost, demand for administrative reconsideration system is unprecedented upsurge.And relative to the rapid development of China’s economic, political and cultural, legal system construction of our country still has a long way to go, is by no means can all improve overnight, method at the same time also to the development of social development, can not be stuck in the past, and should keep pace with The Times. In such circumstances, it is necessary for us to use for reference the experience of the development of the neighboring aia, the good and discard the dregs, with dialectical view, and then find suitable for administrative reconsideration system in our country the development of some nutrients, rather than mere copycat. Japan as with our country has quite a lot in the history of cultural origin of the neighboring countries, the law at the beginning of the construction in me the foundation of the Chinese legal system, in the later years of the long history of the experience and the influence of the western continental law system and Anglo-American law system. Present a multivariate following the form, as in Asia, economic and political culture are similar, and the foundations of the Chinese legal system, make compare Japan as a reference to the study sample all right. This paper combed the Japanese modern law of several fusion system, and try to draw the law in Japanese modern graphic by fusion system. And on this basis, carried out the study of Japanese administrative reconsideration system.By combing sex was studied for the administrative reconsideration system in Japan, at the same time in the sequence of its train of thought, made the research of administrative law of Japan coordinate model, and find the anchor point for administrative reconsideration system in it, positioning, for the Japanese administrative reconsideration system aims to through the form of coordinate system, the original abstract administrative reconsideration system. Makes the administrative reconsideration system can become a point of three branches and administrative law theory can analyze, and determine its and administrative remedy, administrative researcher and administrative measures, are connected, can say for the research of administrative reconsideration system of Japan, is a from big to small, again by a process of small and large.Analysis of the current administrative remedy law, and introduce the concept of administrative ADR this, summarizes the historical evolution of the system of administrative reconsideration in Japan, and its development history, through the analysis of the course, we can find that, in the future of Japan’s administrative reconsideration system development, administrative ADR is bound to become an important direction of its development is an important reference to at least. The development history of administrative law in Japan, has been throughout its successors from sex, from the initial of the Chinese legal system since then, for our country with the law laid the foundation of communication. And Japanese method after received the legal culture from Britain, France, Germany and material method, makes the Japanese in the way of its development is a blend of more and more wonderful. Absorption of Japan’s experience in reform of the administrative reconsideration. By the Japanese on the basis of the history of the administrative reconsideration system, analysis of the formation of the administrative reconsideration system, on the basis of following the sex of Japanese administrative law, and an analysis of its intrinsic value.Japan is similar to the method of the system of administrative reconsideration is the administration refuses to review law, its legislative purpose is for administrative illegal, improper disposal of hall, giving the private rights and interests by simple and easy, quick relief. From its purpose it is not hard to see, there are similarities with the our country’s administrative law, the so-called seeking common ground while putting aside differences, law there are many reasons for the differences between the two countries, but the laws of each country has its worthy place, YiShiWeiJing can know the rise and fall, with copper as the mirror is clothes, here we are neighbouring Japan’s administrative reconsideration system as a mirror, to analysis and study, can try to find some lessons to perfect our system of administrative reconsideration.Through to the Japanese administrative reconsideration system combing research, its characteristic is very outstanding, such as the administrative trial system, the grievance procedure and administrative inspector system, although the system has not completely defined in defined within the scope of the administrative subject to censorship laws, but as the administrative reconsideration under the big system of characteristic existence still has its research value, whether it is a quasi judicialization of administrative trial, or complaint handling the full range of low threshold cover type relief, or of the inspectors referred to is the last minute type relief, has its worth reference value, can study to improve the system of administrative reconsideration is the value of the price. About the development history of the specific method and procedure characteristics became my focus. Under the perspective of history, and from solid usage point of view, not only on the study of administrative reconsideration system focusing on now, but should focus on the economics of the future, will be commenting on as the research sample, from designing, based on summary and analysis of past, and then put forward the idea about the future. Administrative law is to study the method of the future, for the administrative reconsideration system research is for the sake of the exercise of administrative power is better in the future, and reduce the administrative dispute, this become the research important topic.By the cabinet on the website of data gathering, and for the Japanese designing the implementation of the statistical and survey data, this paper analyzes the Japanese administrative reconsideration system utilization and practical effect. After the collected data of the past few years, through the summary of the tables and graphics, is not satisfied with the administrative review law in Japan have the implementation of the specific understanding. Under the sufficient data feed, we see not hard, administrative reconsideration is also very common in Japan, and almost into a rising trend year by year. This means that the increasing of the administrative dispute, not only in the domestic, in other countries it is also a kind of common social development.Administrative defy censorship laws in Japan in order to adapt to the problems occurred in the practice process, also started the pace of reform in recent years, which is still at the cabinet office administrative refresh research, but from the intravenous drip, can already see a lot of reform of the administrative reconsideration system movement, from these trends look back again on the direction of the administrative reconsideration system in our country, it is not difficult to find some license for reference. And spent a lot of time and experience to intercept to translate some of the wonderful content, through the collection and analysis, presents, hope to find some inspiration, for our country’s construction and perfection of the administrative reconsideration degree, abbreviated as.