The Establishment Of The Administrative Review Committee System In China

As economy and society develop, our country has set up lots of administrative organizations. These organizations have more administrative power, and there are more administrative disputes. It is imperative to solve the contradictions between officers and civilians in effective and rapid way. The administration review system, dispute-solving mechanism dominated by government, has convenient, efficient and free superiority. Therefore,when established at the beginning, the administration review system was regarded that it can share administrative lawsuit and solve administrative disputes. People will support this system. However, in practice, the administration review system hasn’t achieved expected effect. Administration review cases are less than administrative lawsuit cases, let alone astronomical appeals on legal issues. To search the reason, I think that there are problems in the present administration review system. Administration review organizations lack of independence and likely are disturded by external factors. In some degree, it affects the fairness of administration review decision, reducing the public’s trust towards the symtem. At present, the position of administration review system become so embarrassed. Its reformation has to move towards an independent, professional, and authoritative road, and build up the administration review committee system.In 2007, some provinces and municipalities in our country have carried out experimental work related to the administration review committee system.In september 2008,office of legislative affairs of the state council made an annoucement, which said that experimental work related to the administration review committee systemin in were promoted in Beijing, Heilongjiang, Henan, and other five cities. According to the local specific circumstance, other cities can also explore and develop relevant works. I knew about and analysied some typical experimental work. I summaried the problems encountered during experimental work and valuable experience. At the same time, compared with similar systems of Korea and Taiwan, I eagerly offer some help in building up administration review committee system which is more in line with conditions of China. The main content of this paper is introduced below.The first chapter mainly introduces theory basis of the administration review committee system in China, including its historical development, theoretical foundation of administrative law, functional localization and stated idea.The second chapter primarily introduces the investigation of current situation aimed at experimental work of the administration review committee system. It emphasizes the most representative Harbin pattern, Beijing pattern, and Jining pattern. It also finds out and analyses the problems met in experimental process.The third chapter chiefly introduces the administration review system of Korea and the appeal jury system of Taiwan. According to investigating these two systems’establishment and function pattern and analysing the fators to make the symtems successful, it abstracts the symtems’characteristics and provides the establishment of administration review system with some previous references.The fourth chapter mainly gives some suggestions to the administration review system of our country, including making administration review committee systematic, to ensure the system legalized, to guarantee an independent, professional, and authoritative system. Meanwhile, it puts forward some new ideas in organization setup, adjudication cases procedure and correlative supporting systems.