Administrative Reconsideration And Administrative Proceedings Cohesion Study

Administrative reconsideration and administrative litigation are the most important disputes settlement mechanism in administrative law fields. These two mechanisms have similarities, but also contain a huge difference. Affected by the practical circumstances in our country, the administrative reconsideration and administrative litigation of cohesion pattern include the free wide choices, the pre-review, the administrative reconsideration shall, directly prosecution type. In the meantime there are a series of problems. Through many researches and typical countries from all over the world for reference about the different provisions of the administrative reconsideration and administrative litigation bridging model (include end administrative remedy pattern in the United States, Germany and litigation types of combining the mode and method, the freedom to choose), and based on the reality of the development level of legal system, our country puts forward in establishing the principle of judicial final, and constructs a more suitable cohesion mode for our country, and promotes the development of our country’s legal system model of cohesion. Through a series of cohesion reset and construction, it finally realizes the administrative reconsideration and administrative litigation in a good interaction of two ways, and protects the legitimate interests of the administrative relative person.