Study On The Trial System Of Administrative Reconsideration In China

Our government is the main law enforcement agency, so prone to conflicts with Applicable Law. There is now a petition, litigation, reconsideration of three paths to choose from to be used to resolve disputes between the government and the people. Citizens commonly used letters and judicial proceedings, rather than the review procedures to remedy in its own right. Reconsideration of the executive is increasingly being marginalized. This phenomenon have two reasons:First, the development of China’s Administrative Review Law there are some problems or defects has been unable to adapt to the current mediation between the Government and the public demand. Second, in the actual, review process did not let people get the right administrative relative relief, it did not play because of its real value and effect, so more and more marginalized.Reconsideration of the executive ignored, this outcome has many reasons, I believe that the main reason is the existence of a reconsideration hearing mechanism is difficult to maintain our civil rights. Establish a written trial mode, the lack of participation and make the appropriate administrative action object, there is no evidence that citizens provided the excuse oral participation, plus government agencies accept reconsideration is made that an administrative penalty or administrative license administrative action on the level of government institutions, and in the relations between the rights of the entire relief activities, the relationship between citizens and government agencies accept reconsideration is far from the original to make the relevant organs of state administrative act more intimate, after the actual dispute contradiction citizens generally do not tend to choose the review procedures to remedy their own interests.Citizens to apply for a review does not stop execution of administrative acts that have been made. The presence of this principle has its own rationale, such as an administrative ruling or administrative sanctions not involving national authorities and administrative counterpart, there is a third person or other organization, in order not to prejudice the interests of other persons or organizations, and indeed should be in accordance with the law procedure provided for execution. But some like the behavior of the government to make compulsory administrative measures, to apply or not to apply for reconsideration, administrative enforcement measures have been implemented or has ended, then review the activities of the citizens, has lost its meaning. Because the executive have been implemented in a timely manner revoked nor practical meaning. Produce contradictory, need a reasonable way to resolve conflicts, mediation and conciliation is currently in judicial practice is more widespread use, it is also a reflection of respect for civil disposition. At present, the work of government agencies in the review, mediation and reconciliation exist fewer phenomenon, in order to promote the smooth development of reconsideration, and promote the building of a harmonious, democratic society ruled by law can introduce a wide range of Mediation system.