On The Function Orientation Of Administrative Reconsideration System In China

"Administrative Reconsideration Law" promulgated in recent twenty years in the process of solving administrative disputes,promote social harmony has played an important role,but based on the comparison and analysis of foreign countries and regions and our country’s administrative reconsideration of similar systems can be found,its natural advantages and great potential remains to be discovered.The reason is that for a long time the basic function of China’s administrative reconsideration system is not very clear,but what about the administrative review with the authority or the positioning of dispute resolution or relief,scholars differ.The function orientation of the administrative reconsideration system in our country should be changed from the single orientation of the internal supervision mechanism of the original legislature to the pluralistic function.It is necessary to establish a relatively independent and neutral administrative reconsideration organ to ensure the balance between fairness and efficiency.While examining the function orientation of the administrative reconsideration system in our country,by observing the similar administrative reconsideration system of the foreign countries and regions,in order to achieve the purpose of perfecting the administrative reconsideration system.But under the current situation,with the arrival of the social transition period,administrative disputes than in the past will be more and more complex,the administrative reconsideration and the administrative litigation as the two main remedies of cohesion,will have important practical significance.It is hoped that through the discussion of this paper,the function orientation of the administrative reconsideration system can be further clarified,and the opinions and suggestions for the revision of the administrative reconsideration law will be put forward.