Reflections On The Theory And Development Of China’s Administrative Reconsideration

The administrative reconsideration is the main channel to resolve administrativedispute,which has become the official established policy choices.It has become theconsensus of practice and theory that administrative reconsideration needs for ajudicialization reform.But when we comb through the relevant national system practice,we can discover the misreading about the existing studies of the related systems outsideand some prevailing factors ignored in the past research. On the occurrence anddevelopment of the China’s administrative reconsideration system, we find there is a closeand subtle connection with the administrative litigation in its legislative history.Bothcontact and opposition between them. Investigation found that they have a crucialdifference on the driver, which comes from the political functions of the administrativereconsideration implied. These features suggest that the administrative reconsiderationlurking function orientation is different from the administrative litigation. Combiningbefore and after, both the main channel status of administrative reconsideration andjudicialization reform need make a review. At the same time, on the construction ofadministrative dispute settlement mechanism of our country, we must stick to the judicialstandard, and respect the constitutional value.