The Study On Administrative Reconsideration During The Nanjing Republic Of China

As one of the main channels of administrative remedy in China, administrativereconsideration is a shortcut, convenient and economic administrative remedy. However, asforeign goods, the administrative appeal system is mainly introduced from Japan. Bei YangRepublic of China and Nanjing Republic of China enacted the Administrative Appeal Law in1914and1930respectively. By reference to the successful experience in Japan andcombining with the inherence of the practices of Bei Yang Republic of China, theadministrative appeal system in Nanjing Republic of China was of great development andgave play to its role in supervising the exercise of administrative power and protecting civilrights. Now the Administrative Reconsideration Law issued in1999in Mainland Chinabecomes the one of the main bases for administrative remedy. With the economicdevelopment in China and improvement of legal system consciousness of the masses,especially the joining of WTO, as one of the main administrative remedies, the administrativereconsideration system is more and more important. However, it is not optimistic in terms ofits implementation. For this purpose, Chinese scholars explore actively from various aspectsand put forward many suggestions to perfect the administrative reconsideration system, butfew people review the history and conduct in depth research of the administrative appealsystem in the Republican period. Liu Zhiji, a famous historian in Tang Dynasty, said,“As thehistory essay expounds the ideas, so the theory must be correct.” I think the argument tracingthe history should be much eclectic and rhadamanthine compared with the legalism. Themovement of administrative judicial ideas and administrative appeal theory of the Republicperiod from one culture to another culture is very interesting. From late Qing Dynasty, BeiYang Government to Nanjing Government, it was smooth for entering a new legalenvironment, thus the migration, transformation, circulation, exchange and evolution ofjudicial theory and concept were more complex, especially the design and arrangement ofspecific appeal expression and administrative procedure system. What’s the history ofAdministrative Appeal Law? What’s the matter of the administrative law in the Republicperiod, especially the expression of administrative appeal? What’s their guiding significancein reality? These problems will be studied in the paper. The essay focuses on Administrative Appeal Law of the Nanjing Republic of Chinafollowing the Bei Yang Republic of China: first, the administrative appeal system in NanjingRepublic of China is the foundation of the administrative appeal system in China, which is ofhistorical significance in the reference to the successful experiences in Japan; second,developing into the administrative reconsideration system in Mainland China, theadministrative appeal system is a more and more important part of administrative remedy andthe degree of its in-depth study will affect the theoretical depth of administrative remedy inChina; third, the research of the administrative law circles on this part is weak in China andfew scholars have deeply analyzed the administrative appeal system in this period; fourth, theadministrative appeal system of Taiwan is an inherence of that of Nanjing Republic of China.Due to its characteristics, we expect that the study of such system can provide reference toand perfect the current administrative reconsideration system in China.The whole essay is elaborated in five parts except the forewords. First, overview ofadministrative appeal, including concept, function, body, right of action, classification andsignificance of administrative appeal. It introduces the development of foreign administrativeappeal system, mainly the relevant system in Germany and Japan, and its influence on theadministrative appeal system in Bei Yang Government and Nanjing Republic Government.Second, introduction of administrative appeal system in Nanjing Republic Government with6parts, including analysis of clauses of Administrative Appeal Law, participant, juridicalregulations, handling, duration and delivery of appeal and relation of appeal andadministrative procedure. Third, analysis of typical cases involving administrative appeal inNanjing Republic Government; fourth, perfection of administrative reconsideration system inMainland; fifth, analysis and summarization of administrative appeal in Nanjing RepublicGovernment, analysis of the advantages and disadvantages of administrative appeal system inTaiwan and analysis of the current situation of administrative reconsideration system inMainland. It aims to give some practical suggestions to promote the perfection ofadministrative reconsideration system in Mainland.The last, the summarization of the characteristics of Administrative Appeal Law ofNanjing Republic of China. The conclusions are as follows:1.1. With brief articles, theadministrative appeal law of1930lacked necessary transition, complete rules of appealprocedures and provisions on the evidence processing and effect of appeal application in theappeal process.2. It set a system of two-level reconsideration and one-level litigation and required appeal before litigation, which did not conform to the modern developmentrequirements and disabled the public to select the administrative remedy freely.3. The appealadopted written hearing and oral arguments, which could listen to the opinions of parties andprotect the exercise of people’s rights justly and openly.4. The administrative appeal systemof Taiwan was an inherence of that of Nanjing Republic Government, which was more perfectin legislation and higher in localization, in which the rhetoric debate system, appealcommittee system and circumstantial judgment provided references for the mainland.