Research On The System Of Administrative Reconsideration Organ As Joint Defendant

The new Administrative Procedure Law stipulates that when administrative reconsideration organ affirms the original administrative act, it shall be regarded as joint defendants together with the original administrative organ. It means that “the system of administrative reconsideration organ as joint defendant” has been built. Therefore, the relationship between administrative reconsideration system and administrative litigation system has been changed greatly; a great influence has been brought to administrative adjudication work and administrative reconsideration work. It has become a hot issue for discussion in both the academic circles and the practical circles. Purposes to set the system of administrative reconsideration organ as joint defendant include preventing the reconsideration organs always affirming the original acts in order not to make themselves defendants; intensifying supervision function of the administrative reconsideration organs; clearing administrative dispute resolution channels; guiding the administrative organs acting according to law; and protecting legal rights and interests of administrative counterparts. After the system was launched, we have achieved some results. The reconsideration organs have worked more actively to fulfill their supervision duty and have made the decisions of affirming the original administrative act after more serious and more reasonable consideration. However, both reconsideration work and administrative adjudication attach importance to resolution of administrative disputes. However, this system itself has some problems and has led to some negative influences after it was carried out. Therefore, it needs further improvement.This paper is divided into four parts:The first part expressed the author's understanding of the system of administrative reconsideration organ as defendant while analyzing joint defendants in administrative proceedings. Then, the author explained theoretical basis involved in the system of administrative reconsideration organ as joint defendant. After analyzing relevant judicial interpretation clauses of the new Administrative Procedure Law and other laws, the author generalized the basic construction of the system of administrative reconsideration as joint defendant, special trying rules and explained the range of application, principle of jurisdiction, burden of proof, trial objects, verdict mode and other content.The second part elaborated the legislative intent of setting the system of administrative reconsideration organ as joint defendant as a legal system based on analyzing relevant laws, reports issued by the legislative body on the revised draft and other documents. The legislative intent includes two aspects. First, intensify supervision function of the reconsideration organs and promote the administrative organizations acting according to law. Second, better solve administrative disputes. Protect legal rights and interests of administrative counterparts. This part laid a foundation for the following part, evaluation on the system.The third part discussed from the perspective of subjective litigation mode and got the conclusion of the system being a positive response to positive litigation mode of the new Administrative Procedure Law. The author future made standard assessment and effect assessment on this system and elaborated merits and defects of the system speaking of the legal standard form and positive influence and negative influence of the system after implementation.The fourth part proposed suggestions on improving the system on premise that the system of administrative reconsideration organ as joint defendant has defects and will bring negative influence after implementation as introduced in the third part. Moreover, from a more macroscopic view, the author proposed to improve administrative reconsideration and conciliation and amicable settlement system and intensify independence and professionalism of the reconsideration organs in order to strengthen supervision function of reconsideration organs, enhance construction of administrative reconsideration system and clear the administrative relief channel.