On The Predicaments And Ways Of Solving The Administrative Disputes Of The Administrative Review System In China

In recent years, with the development of economy, Chinese living standards have greatly improved. However, In the process of social transformation, the conflicts and disputes between citizens and the government are increasing, and then a lot of administrative disputes appeared all over the country. In order to cope with new forms of administrative disputes, China has gradually established the system of administrative review. In the past two decades, administrative reconsideration played an important role in solving administrative disputes, but any one legal system is not perfect. After the initial glory, the administrative review system has also been caught in their own development "bottleneck". When this system was established, its functional orientation has bias and nature is not clear. And due to the imperfections of its system, the institutional advantages can not be played in the implementation process. Based on the scientific analysis; we should correctly understand these issues and actively seek a solution.Start with the outstanding issues in the current system of administrative reconsideration; this article aims to find out the reason why administrative reconsideration system faces predicament. Then combined with the existing "Administrative Reconsideration", the author puts forward some suggestions and comments on how the administrative review "escape". The article is divided into four chapters, the first chapter is the doctrinal qualitative of our administrative review system. The nature and functions of the administrative review system will be discussed separately by two sections, and clarify exactly what kind of the nature and functions should be set down, provide the basis and guarantee for the reform of the administrative reconsideration system in theory. The second chapter of administrative reconsideration system in resolving the plight of administrative disputes in the performance of specific analysis of the major difficulties faced by the current system of administrative reconsideration by the three sections of length. The third chapter is the main reasons for administrative reconsideration into trouble. Specifically from the following several aspects to identify the reason for limiting the function of administrative reconsideration system. The fourth chapter provide a way out of trouble for administrative reconsideration system. For the reason raised by the third chapter, the article propose specific solutions combined with the current "Administrative Reconsideration".