Research On The Establishment Of The Administrative Reconsideration Committee

The administrative reconsideration system since established has played an irreplaceable role in reslvoing administrative disputes, reliefing legitimate rights of citizens and supervising executive exercising their powers in legal and reasonable, which is an important part in the modern rule of law and the harmonious socialist society.The existing administrative reconsideration system in actual operation also has a lot to be desired. A variety of practical problems have been produced.,and the defects in the system itself have gradually been exposed,which have seriously obstruced the function of the administrative reconsideration to play effectively. In Sep,2008 the State Council Legislative Affairs Office published the notice of the experimental work of the administrative reconsideration committee (Hereinafter referred to as notice),which indictates that China has broken the existing system,and began to explore the administrative committee on reconsideration system.Based on the analysis of the background of the administrative reconsideration committee,this paper summarizes the main experiences and problems in the experimental work,and introduce the extraterritorial administrative reconsideration system in order to get some inspiration.The first part analyzes the causes of the problem of the the urrent administrative review system,and reveals the necessity for administrative reconsideration system reform.The second part introduces the operation mechanism and organization of the administrative reconsideration committee.Several aspects of the administrative reconsideration are summarized since it carrying out,including its committee members, administrative body, scopes of the case, jurisdiction and approval process.The third part analyzes the effectiveness of the experimental units of the administrative reconsideration since the work carried out,but points out the problems, and analyzes its reasons.The fourth part introduces several countries which are used for our country in reference. By examining the various forms of extraterritorial administrative reconsideration system, extracting valuable experience for reference.The fifth part based on the four-parts, expresses several views to construct and perfect our the administrative reconsideration committee. We hope that the administrative reconsideration committee will perform its functions well by functional remodeling and improvement of its System.