On The Operation Dilemma And Countermeasure Of Administrative Reconsideration System

Since the implementation of the administrative reconsideration law, administrative reconsideration system in our country with rapid development, the supervision of administrative organs shall perform their functions according to law, the legitimate rights and interests of the protection of citizens, legal persons and other organizations play an important role. As an important legal system to resolve administrative disputes, the administrative reconsideration, as remedy is the administrative relative person of management and administrative organs internal hierarchical supervision mechanism, to promote administration according to law and building a government under the rule of law construct harmonious society has a very important significance. But the function of the administrative reconsideration system is far from fully play, this work after has experienced rapid development in the promulgation of laws and the beginning of a period of time, lack of new breakthrough, or even stagnation. This is not compatible with the requirements of legislation, and the reality of building a harmonious society. Practice has proved that there are still many problems in the process of the administrative review system. The perfection of the administrative reconsideration system, establishing the internal mechanism of the procedure justice, can truly realize the entity justice, timely and effectively resolve administrative disputes. How to get out of the predicament has become an important issue in the current government legal institutions, as well as the administrative law circles.Administrative reconsideration system in our country has entered a bottleneck period. The fundamental reason is due to the nature and function of administrative reconsideration, the limitations of the understanding, and for administrative reconsideration system about the nature and function of knowledge but also determines an accurate grasp of the entire system. The administrative reconsideration system in our country has relatively strong administrative color, in the system of administrative reconsideration should be classified as quasi judicial, the properties will be conducive to the reconsideration of the right relief and power supervision integration, together play a role together to achieve supervision and restraint of administrative power and the administrative relative person’s protection.The cause of the author intends to from the actual work of the administrative reconsideration of in Zhuzhou as an example to analyze the problems of administrative reconsideration system, and try to sum up the problems, and puts forward corresponding countermeasures and suggestions, in order to further improve the administrative review system in our country do some beneficial thinking.The first part introduces the Zhuzhou City from 2009 to 2014 in nearly six years of administrative reconsideration of the overall situation, through the statistics administrative reconsideration application, acceptance, decided the type of data, for the operation of the administrative reconsideration system were quantified provide the basis to find out the existence dilemma, reasons, thinking the corresponding countermeasures. The second part mainly analyzes the causes of the dilemma of administrative reconsideration from the two aspects of the system design and the implementation of the system. The third part to seek the balance of justice and efficiency to the greatest extent as the goal, for perfecting the system of administrative reconsideration of the countermeasures, corresponding improvement measures are put forward to from the system design and system implementation of measures.