The Research Of China’s Administrative Reconsideration Committee System

Along with the reform of administrative system and the sustainable development of economy, the problems of our current administrative reconsideration system appeared gradually in practice. The number of administrative reconsideration is declining. The advantage of administrative reconsideration in solving administrative disputes and resolving administrative disputes gradually disappear. The lack of independence and professionalism of administrative reconsideration institutions is the main reason of the above problems, and it lead to the lack of credibility of administrative reconsideration system. The reform is imminent.Administrative reconsideration committee system is the breach of the reform of administrative reconsideration system. Experts and scholars in various fields can participate in the trial, which will improve the independence and professionalism of administrative reconsideration institutions. Based on the reality of our country, conclude the achievement and problems of pilot. Through learning the advanced experience, build administrative reconsideration committee.The first part of the article analyses the theoretical basis of administrative review committee. Firstly, the lack of independence and professionalism of administrative reconsideration institutions lead to the lack of credibility of administrative reconsideration system. Secondly, clear the nature of the administrative reconsideration committee. It should be an independent administrative reconsideration institutions, which should be build follow the principle of independence, unity and professionalism.The second part mainly discusses the practical execution of the administrative reconsideration committee in our country. Comparing different approaches of pilots, especially the way of relatively concentration of the right of administrative reconsideration and the composition of the administrative reconsideration committee. Conclude the preliminary achievements of pilot work, and reflect on the problem in the pilot.The third part introduces related regulations and practice of other country’s administrative reconsideration system, including South Korea’s administrative system of judicial committee, the administrative petition reviewing commission system in Taiwan, the administrative reconsideration system of Japan, administrative tribunal system in England and America’s system of administrative judge. These successful experience provide useful reference for the reform of our country’s administrative reconsideration system. Administrative reconsideration institution should be independent, professional and accurate judicature.The forth part proposes that build administrative reconsideration committee and its offices. Establish Establish external members dominant mode, and perfect the selection criteria of external members. Build the operating mechanism of administrative reconsideration committee. Perfect the procedure of administrative reconsideration. Establish and improve the supporting system of administrative reconsideration committee.