Research On Procedure Of Administrative Reconsideration

There are a lot of administrative dispute resolution mechanism in China, administrative litigation, administrative reconsideration, administrative compensation, as well as the petition and other non-normative system, and the administrative reconsideration system has a series of advantages in the beginning of design: high efficiency, strong professionalism, can able to quickly resolve administrative disputes. But in the practice of administrative reconsideration, utilization rate is low, maintenance rate is high, and did not play its due advantages. Administrative pre-review procedure is the administrative reconsideration law enforcement in advance, in order to improve the utilization rate of the administrative reconsideration. However, administrative reconsideration system in the society, and did not make the administrative reconsideration has become the main channel of administrative dispute resolution, preposition of reconsideration system needs to be improved. This paper first introduces the basic situation of the administrative reconsideration system, analysis of the defects of China's administrative reconsideration system on the basis of practice, and through the comparative analysis of extraterritorial administrative litigation mode that worth our learning place, in order to improve the system of administrative reconsideration.The body of this article has four parts, the first part mainly description the administrative reconsideration system the meaning and causes of formation. Connection specific expounded China's administrative reconsideration and litigation, and then discusses the advantages of administrative reconsideration.The second part is the present situation and problems of the application of Chinese administrative reconsideration system, through the design of the system of administrative reconsideration and the scope of application, analysis of China's administrative reconsideration application problems.The third part introduces the foreign administrative reconsideration and the range of administrative reconsideration through the analysis of the present situation, set of Anglo American law system and continental law system of administrative reconsideration preposition system principle and the scope of administrative reconsideration, summarizes the beneficial experience to perfect our administrative reconsideration system.The fourth part discusses how to perfect the administrative reconsideration procedure. The author thinks that only forced on expand the administrative reconsideration exist some loopholes, mandatory review in advance may run counter to one's desire, and thus lead to social unrest, Therefore the author believes that the principle of exhaustion of remedies shall be carried out in China, while to perfect the system of administrative reconsideration.