The Theory Of The Construction Of Administrative Review Committee System Of Our Country

Our country’s current administrative reconsideration system plays a very important role, especially in the right remedy and supervision of administrative power, etc. Among them, the administrative reconsideration system play the function of the administrative reconsideration has very important role, but should also be soberly realize there are many problems of our country’s current administrative reconsideration system. First is the administrative reconsideration institutions set unreasonable, reconsideration institutions by the legal department of the administrative body for reconsideration is no independent status, in the promotion, salary, welfare, etc are highly, serious lack of independence, the administrative reconsideration of neutrality not guaranteed. Followed by the review personnel professional level is uneven, these reasons led directly to review the quality is not high. For the reform of the administrative reconsideration system, should strive to achieve the legislative intent of the administrative reconsideration system (in our country to establish "big review, in the litigation, small letters" pattern of rights), and a large amount of absorption is through institutions and external professionals to enhance the independence of the administrative reconsideration organ and professional. In 2008 issued by the state council legislative affairs office of the state council legislative affairs office of the part, of the pilot provinces, municipalities directly under the central government to carry out the administrative review committee notice, marked the our country’s administrative review committee, the launch of pilot with "Beijing model" and "Harbin model" leading the way. Pilot amount of administrative reconsideration, the complaint reporting the number of falling. In this situation, some scholars think that China is breakthrough letter "big, medium, small reconsideration" pattern of human rights. But its disadvantages are increasingly obvious, the author through to our country administrative review committee of pilot reform of the system of running status analysis and draw lessons from foreign experience, to build a "new" of the system in China.The first part is mainly to our country administrative review committee pilot in the background and the pilot test to do a simple introduction. Due to administrative reconsideration system defects, administrative reconsideration system operation impeded, gradually toward the edge of the right remedy, in such a background, in order to reverse the letter "big, medium, small reconsideration" pattern of administrative remedy, administrative reconsideration committee pilot reform arises at the historic moment, the provisions of administrative review committee of the part is divided into the central and local, compared with the local regulation is more specific, meticulous, after detailed introduces the basic situation of pilot Beijing and Harbin.The second part mainly introduces the development of the administrative review committee system dilemma, there are five main reasons, lacking the support of law, lack of professional review committee, conflict with the current system of administrative reconsideration, difficult to achieve quasi judicial administrative reconsideration system and only a few people can get relief.The third part mainly introduces some advanced countries and regions outside the system of administrative reconsideration, mainly American administrative law judge system, the British administrative tribunal system and administrative appeals jury system of Taiwan area in our country, the author from the model of its laws and regulations, institutional setup and personnel structure and so on is analyzed, and then based on the evaluation and summary, do simple finally draw enlightenment on administrative review committee system reform in our country.The fourth part the author puts forward some for the reform of the system of administrative review committee, is divided into three sections. The first section proposes the administrative review committee professional and non professional choice, I prefer the professionalization; The second section puts forward some ideas of administrative review committee organization setup, main is to set up the centralized and unified administrative review committee, to strengthen the independence of the administrative review committee; The third section put forward administrative review committee shall be as an aid in the departments of administrative review committee office, responsible for the daily administrative work, such as, investigation, case shall put forward preliminary examination opinions, scheduling meetings, etc, enables the administrative review committee to concentrate on review of cases; The fourth section is put forward by the committee of the administrative reconsideration case opinions, and then a decision by the legal and administrative reconsideration organs as well as the two should not become the defendant, if any party concerned refuses to accept, the administrative reconsideration decision may bring administrative prosecution to court, and so on.