Research On Administrative Review Procedure And It's Perfection In China

Situation in our country is in the midst of the dense transformation period,also in the key time node comprehensively deepen reform,social conflict is becoming more and more frequent,the number of cases in the field of complaint involving lawsuit present high trend.With the increase of legal awareness of the masses and the enhancement of the concept of rights,the demand for legal consumption will also be strong in any period in history.The administrative proceedings and the "brother" administrative review procedure together form the administrative remedy system of our country.:the person is all helped by the administrative dispute and the rescue of the other person.In addition to seeking legal redress,the public has become increasingly concerned with certain non-prosecution procedures,which are typical of the arbitrator and administrative review.Administrative reconsideration system of more than a decade,however,appeared a few people,critics,more phenomenon,some may choose to administrative reconsideration cases,the parties often prefer to bypass the administrative review and administrative litigation directly.Of course,of course,it's a long story.But is due to the administrative reconsideration application design unpredictable at the beginning of the rapid development of society,and the relevant judicial interpretations and seriously enough,or can be said that the absence of serious,so that the application of construction in addition to the basic law and its implementing regulations in accordance with the field,no more legal guidance,so that is struggling.This puts forward new requirements for the process of administrative review.Comprehensively and systematically study the administrative reconsideration application,on the whole,or to make administrative procedures to get a degree of enrichment,the contents of research can make the breadth of administrative procedure research is broadened,and the administrative procedures to explore the depth of development;The examination of the results of the research on foreign and domestic administrative review procedures,or the analysis of the results,or any further clarity.The theoretical premise of the administrative review procedure in our country.By means of analysis program to achieve the purpose of the selection mechanism,improve the rate of reconsideration,reduce administrative costs,is administrative procedure is to maintain order and realize convenient and beneficial in meaning;Second,the legal human rights of the applicant can be effectively ambulance,providing assurance for the loyalty of the administrative process;Again,can help in neat and supervision of the administrative reconsideration organ for reconsideration activities,and urges the original administrative behavior of administrative organs in accordance with the law,properly run power;Finally,through to the administrative reconsideration application to perfect,back-step administrative reconsideration system is to change,to control social risks,the slow release of social contradictions,needless to say,the domestic and foreign scholars have carried out active exploration for the administrative reconsideration system and bold attempt,in terms of its building ideas,it is a specification,some ideas has been in the stage of practical application,accordingly to resolve the many practical problems.However,as the administrative reconsideration application to the administrative practice field depth development unceasingly,in system started programming in various"technical shortcomings" also exposed one after another.So far,according to the administrative reconsideration procedure in the academic fruits remains relatively lack the specialized research and theory and the practice of "period",therefore it is necessary for the administrative reconsideration procedure in the operation have problems and their countermeasures are centralized,to from the principle of compaction,the system introduced,the shuttle program and so on various aspects to have eight system results.In this paper,the administrative reconsideration application as the breakthrough point,to the administrative reconsideration application,first try to define the meaning of the administrative reconsideration application,discussed the administrative reconsideration application of characteristics,and summarizes the function of the administrative reconsideration application,thus on the whole outline the administrative reconsideration about the basic content of the program.Next,try to tease out the theoretical basis and value orientation of the administrative review process in order to grasp the origin and value of the construction of the administrative review process system.The body of the administrative review procedure is introduced in the view of the formation and look forward of the administrative review process,from the perspective of the application start-up,expansion and termination.Next,we will focus on the administrative review of our countryThe theoretical premise of the administrative review procedure in our country.By means of analysis program to achieve the purpose of the selection mechanism,improve the rate of reconsideration,reduce administrative costs,is administrative procedure is to maintain order and realize convenient and beneficial in meaning;Second,the legal human rights of the applicant can be effectively ambulance,providing assurance for the loyalty of the administrative process;Again,can help in neat and supervision of the administrative reconsideration organ for reconsideration activities,and urges the original administrative behavior of administrative organs in accordance with the law,properly run power;Finally,through to the administrative reconsideration application to perfect,back-stepping administrative reconsideration system is to change,to control social risks,the slow release of social contradictions,needless to say,the domestic and foreign scholars have carried out active exploration for the administrative reconsideration system and bold attempt,in terms of its building ideas,it is a specification,some ideas has been in the stage of practical application,accordingly to resolve the many practical problems.However,as the administrative reconsideration application to the administrative practice field depth development unceasingly,in system started programming in various"technical shortcomings" also exposed one after another.So far,according to the administrative reconsideration procedure in the academic fruits remains relatively lack the specialized research and theory and the practice of "period" therefore it is necessary for the administrative reconsideration procedure in the operation have problems and their countermeasures are centralized,to from the principle of compaction,the system introduced,the shuttle program and so on various aspects to have eight system results.In this paper,the administrative reconsideration application as the breakthrough point,to the administrative reconsideration application,first try to define the meaning of the administrative reconsideration application,discussed the administrative reconsideration application of characteristics,and summarizes the function of the administrative reconsideration application,thus on the whole outline the administrative reconsideration about the basic content of the program.Next,try to tease out the theoretical basis and value orientation of the administrative review process in order to grasp the origin and value of the construction of the administrative review process system.The body of the administrative review procedure is introduced in the view of the formation and look forward of the administrative review process,from the perspective of the application start-up,expansion and termination.Next,we will focus on the administrative review of our country.