Study On The Review Of Administrative Reconsideration

It is rely mainly on written examination in China’s present system of administrative review and assisted by unwritten forms. In fact, there is a juristical tendency in our system of administrative review, while written examination is in-conformity with this theme. It can’t contribute anything to the cases’ clarification and even lead to black case work probably. Based on that, it needs to be modified in some aspects in the system of administrative review. Both external and internal factors, such as the goal of administrative reconsideration, the property of administrative reconsideration cases, the organization of administrative reconsideration, the goal of administrative reconsideration in the whole rights relief system, litigant’s actual demands and the transition between the procedure of administrative law enforcement and administrative proceedings, should be considered. Considering of the deficiency and restraint of the system of administrative review, current legal provision should be modified by canceling the exclusive role of written examination and make the compresence of written and unwritten form, tending to select-type examination.so that it can play a better role in rights relief and supervision.