Construction Of The Administrative Committee On Reconsideration System In China's Legal Analysis

Since its establishment, our Administrative Reconsideration system has played a positive role and achieved remarkable results in resolving administrative disputes, protecting the legitimate interests of the administrative counterpart, supervising the running of administrative rights, and constraining the exercise of administrative functions in accordance with law. In other countries, the administrative reconsideration has become a major national force to resolve administrative disputes. While in our country, the resolving of administrative disputes shows a "large letters, middle litigation, small reconsideration" pattern. Our Administrative Reconsideration system is weak in resolving administrative disputes, not able to give full play to the role of an effective remedy and the right to protection. The advantage is difficult to reflect, drawbacks are prominent increasingly. Once again the system is faced with reform and transformation. In the new round of reform and transformation, the Administrative Review Committee (ARC) system has become a priority for reform. September16in2008, the Legal Affairs Office of the State Council issued "The Notice of carrying out Administrative Review Committee pilot projects in some provinces and municipalities", which formally established the pilot projects of the ARC in eight provinces, municipalities and regions, opening the prelude of the Administrative Reconsideration system’s reform. Starting from introducing the undertaken of the ARC pilot projects, this paper presents the basic content of the pilot projects in our country and the initial results obtained. By analyzing the shortcomings of our current Administrative Reconsideration system in the functional orientation and in the design of system, this paper illustrates the necessity to build the ARC system. About the position that the ARC sits in our Administrative Reconsideration system, academics and practitioners do not form a unified conclusion. This paper analyzed three modes to establish the ARC, and we think that, under our country’s binary construction of administrative reconsideration and administrative litigation in the administrative dispute settlement mechanism, the establishment of ARC affiliated under governments at all levels, i.e. the ARC as component departments of the people’s governments, has an independent body qualified, in fact serve as a reconsideration agency within the jurisdiction of the government, this model is in line with the development of the world’s administrative reconsideration system, also more suitable for China’s national conditions. But the ARC under this mode has shortcomings of weak credibility, and as a recipe for Administrative Reconsideration system’s reform, eliminating the drawbacks of existing Administrative Reconsideration system is the proper meaning of constructing the ARC system. This paper analyzes the successful experiences and problems of UK, USA, South Korea, Taiwan and other countries’(regions) administrative reconsideration committee (or similar systems), proposed the basic legal ideas in establishing China’s ARC, gives specific recommendations in strengthening independence, ensuring the professionalism of the ARC, establishing a unified jurisdiction system, strengthening the quasi-judicial procedures of the administrative reconsideration, and in legislative protection, which hopes to make modest contribution to the establishment and development of ARC system in our country.