A Study On The Conflict And Coordination Between The "Administrative Reconsideration Law" And The "Administrative Procedure Law"

Administrative reconsideration and administrative litigation, as two kinds of administrative relief system, occupy the main position in the administrative relief system. Among them, the administrative reconsideration is quasi-judicial, with both judicial characteristics and administrative characteristics; administrative proceedings with judicial nature. Both of them bear the important function of relief right, solving disputes and supervising administration. Accurately locating the nature and function of administrative reconsideration and administrative litigation is the basis for running the two systems. Only in this way, administrative reconsideration and administrative litigation in the system design and judicial practice can cooperate based on division of labor, interwork, intercoordinate and settle administrative disputes together. With the promulgation and implementation of the new Administrative Procedure Law in 2015,the conflicts between the current Administrative Reconsideration Law and the New Administrative Procedure Law are intensified. On the one hand, it reflects the reasonable conflict between the two systems and the practice level. The existence of such "conflict" does not cause running obstacles between the administrative reconsideration system and the administrative litigation system, its birth is due to the independence of the administrative reconsideration system and the administrative litigation system . As two independent means of relief, the responsibility both bear is not the same. In order to reflect their respective advantages, in the system design they must be reflected. On the other hand, it reflects the unreasonable conflict, which makes different effects in the practice of administrative reconsideration and administrative litigation on the same issue based on inconsistent legal provisions . Conflict includes both the long-standing conflict of the two systems, and the conflict of the two systems in the course of social development. These conflicts have their own reasons, not only the technical reasons for the legislative level, but also reality problems on the aspects of the personnel system in the practical operation level . These conflicts will make a negaive impact on the operation of the system. They may hinder the administrative reconsideration and administrative litigation to play their respective functional advantages, make administrative disputes difficult to solve, make the efficiency of administrative relief lower, and then reduce the legal relief measures in the hearts of citizens, and lose the authority of the legal system. Therefore, it is necessary to coordinate the relationship between the Administrative Reconsideration Law and the Administrative Procedure Law.On the occasion of the revision of the administrative reconsideration law, in order to balance the relationship between the two systems better, based on the theory of coordination between the two, in connection with the institutional and practical specific conflicts, we should put forward specific legislation suggestions and measures to guide the amending direction of the administrative reconsideration law to achieve the ideal harmonious state of the "Administrative Reconsideration Law" and "Administrative Procedure Law" .So as to prompt the two performing their duties, become the mainstay of the administrative relief system, thereby fundamentally protect the legitimate rights and interests of citizens, legal persons and other organizations and help build a socialist country ruled by law.