Study On Private Aid Mode Of Administrative Reconsideration

In the case of ineffective current reconsideration system,the review of the shortcomings of the Commission's pilot work has been driven by the background.In January 2016,a city development and Reform Commission creatively engaged in private consultation with the private sector to deal with the organs of the reconsideration of affairs,private participation and assist in the completion of reconsideration work.This paper introduces and summarizes a kind of administrative reconsideration private support mode.The purpose of the model is to eliminate the shortcomings of the current reconsideration system and the lack of social trust.The more direct purpose is to reduce the reconsideration of legal risks and improve the reconsideration efficiency of the executive authorities.The model system is based on the basic framework of the current reconsideration system and does not violate the provisions of the reconsideration law.In the case of civil contract,introducing Legal administrative practice field to the reconsideration in the form of civil contract and as a relatively independent third party,make it as a relatively independent third party involved in the case of the essence of the review process.Participating behavior mainly as follows: Reconsideration acceptance stage according to the request of the reconsideration organs need to provide reasonable legal advice,reconsideration of the investigation as a helper to supplement the role of participation and supervision of the legitimacy of the investigation behavior,reconsideration mediation as a middleman to build the case parties between the bridge of the communication link,a written review of the independent judgment and make reconsideration of the decision,after the review of the possible litigation response to the work of the agency.The research method is based on the examples of the existing private auxiliary reconsideration,introduces its specific content and operation rules,summarizes its main features,and defines such private participation administrative form as an independent administrative auxiliary behavior.This paper analyzes the motivations of the model from different angles and evaluates its functional advantages and potential risks objectively.On the basis of the above,try to think,summarize and look forward to the expected direction of development of the model.The emergence of reconsideration of private support mode is in line with the mainstream development trend of modern administration,which is conducive to improving the quality and effect of administrative reconsideration,enhancing the impartiality of the reconsideration mechanism and improving the authority and credibility of the reconsideration system,but it may also exist Reconsideration authorities authority is overly overhead,over-reliance on external pathways,private opportunistic tendencies,new contradictions and disputes and other potential crisis.Through the analysis of the pros and cons of the operation mechanism of this model,the article also highlights the potential problems and the potential problems and crises in the model.The action system of the warning system should give full play to the advantages of private participation and scientifically and effectively prevent and control the risks and promote administrative reconsideration The healthy development of system practice.