Administrative Reconsideration System Research

Administrative reconsideration of the new Chinese socialist system began in the early1950s.1990"Regulations on Administrative Reconsideration" announcement marks thelegislation and practice of administrative reconsideration has entered a new phase, and thendevelops through the People’s Republic of China on Administrative Reconsideration Law "asthe basis for the administrative reconsideration system push a new high. However, with aharmonious socialist society, the establishment of a socialist country under the rule of law,respect for and protection of human rights, in accordance with the law, administration, and sothe concept and deepening, both from the legislative point of view, from a review of practicalexperience level, even after the supervision of administrative reconsideration system aregradually exposed the many problems, which seriously affects the healthy development of thesystem and constraints reconsideration. The idea is to solve the problem to improvements andinnovations in many systems the Department to learn from foreign experience from theadministrative review system are no exception. We are flexible in practice and learn from hisexperience of other countries to meet the shortfall, and improve our system; the administrativereconsideration can really play its due role.This paper writing the whole context is a from theory to practice, and frommacroscopically to specific, through the history of the longitudinal and transverse worldwithin the scope of the investigation, eventually returns to local legal system in our countryand the path of reform practice process. Full text is divided into four parts, the first part is foradministrative reconsideration system are summarized, this paper introduces the concept,nature of the administrative reconsideration, theoretical foundation and the main content ofthe administrative reconsideration system. The second part inspects outside the administrativereconsideration system and to obtain important enlightenment, exile reconsideration systemmainly includes Japan, Germany, France, Britain, the United States and Australia’sadministrative reconsideration system. The third part is analysis of China’s administrativereconsideration system present situation, the current situation content including administrative reconsideration system since the implementation of the achievements and in legislation,system, mechanism and so on several aspects of the existing problems. The paper summarizesthe later, through the "found that the problem-analysis-problem solving" the basic idea, finallyputs forward in the fourth part of the perfect our country’s administrative reconsiderationsystem of specific measures, so as to deepen the administrative reconsideration system theorystudy and resolve the problems of law practice, in full attention to its national, under thepremise of the administrative reconsideration system in order to specific operational levelscientific development and reform.