| Since the Administrative Reconsideration Law and the Regulations on the Implementation of Administrative Reconsideration Law came into force,our country has got good grades on every aspects of administrative reconsideration, which solved a lot of administrative disputes and protected the legal rights and interests of people. It improved the legal consciousness and the level of administration to law of administrative authorities at all levels. Therefore, the implementation capacity and credibility of the government have been improved greatly. At the same time, it also improved the people’s legal consciousness, which promoted the interaction of administrative enforcement, administrative reconsideration and administrative judgement. However, with the development of economical society, China has become the second largest economy and then many new and complex activities and conditions came into our society. With the coming of different social problems and conflicts, the governments would come across toughest challenges. In addition, the shortcomings of administrative reconsideration, such as its independence, neutrality, and professionalism, is becoming more clear than before and the advantages of it, such as its high efficiency and convenience, is not suitable to the current circumstance. Therefore, the system of current administrative reconsideration needs to be reformed according to the poll and the development of society.According to the current situation of reconsideration, in 2005 the State Council organized a group of scholars to go to South Korea to investigate and study the Administrative Committee system of South Korea. On the basis of the combination of the reconsideration committee system of South Korea, in 2008 China began a pilot project of administrative reconsideration committee, then it began to be popularized in the whole country. During the pilot process, every place around China formed their own models according to their own actual. All the models had their own advantages and got good results, which gathered great experience for the reform later. However, the administrative reconsideration system is an important international legal system, so it is necessary to form a unified operating rules and supervision system for administrative reconsideration committee around the whole country. The subject of this paper is based on this, which combined with China’s actual administrative reconsideration resources and the analysis of advantages of foreign system of reconsideration, analyzing the faultiness of the current system of administrative reconsideration. At the same time, based on the full analysis of the characteristics of administrative reconsideration committee, this paper analyses the models of Beijing, Shandong, Harbin, and then puts forward some view and suggestions about the further improvement of administrative reconsideration committee.The first section list many problems about administrative reconsideration before the pilot of the administrative reconsideration committee around our country, analyzing the research status of the system of administrative reconsideration within our country or abroad, and the problems of the current administrative reconsideration.The second section is mainly about the reason for discussing the pilot of administrative reconsideration committee. It discusses the necessity and practicability of the pilot of administrative reconsideration committee from the perspective of administrative reconsideration committee, and the join of the system of administrative reconsideration and the system of administrative appeal.The third section mainly talks about the progress of the pilot of administrative reconsideration committee in our country and the models of it during the progress, analyzing their characteristics and effects and pointing out their disadvantages.The forth section is based on the analysis above, giving some suggestions about the settings and running conditions of the administrative reconsideration committee in our country. |
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