Study On The Ways To Improve The System Of Administrative Reconsideration

The administrative reconsideration is an important legal system to resolve administrative disputes, which has positive effects on the self-correction of the government and the improvement of law-based administration, as well as providing rights relief for administrative relative people. Since Administrative Reconsideration Law promulgated in 1999, China’s administrative reconsideration system has made great progress because of continuous development and improvement in practice. It has played an important role on governing the country according to law and building a nomocracy government, due to its advantages, such as expertise, convenience, efficiency and low cost. However, as China’s reform has entered a crucial period and dived in the key stage, it’s more difficulty to solve those increasing social contradictions and administrative disputes. Meanwhile, administrative relative people have more expectations and requirements to solve administrative disputes fairly, which leads to the facts that the design defects of current administrative reconsideration system begin to appear gradually, facing the dilemma of low awareness, unclear credibility and low rate of the error correction, so that it is hard for the administrative reconsideration system which should have been the main channel to resolve administrative disputes to realize the purpose of legislation and relief function. Therefore, the administrative reconsideration system. This thesis will analyze the administrative reconsideration system history, find out the existing problems of the administrative reconsideration system through the character and function of administrative reconsideration,and make counter-measures and suggestions to improve the administrative reconsideration after analyzing and learning from the successful experience of foreign administrative reconsideration system in order to fully use administrative reconsideration to solve administrative disputes, provide right relief, implement level supervision.