The Reconsideration Agency Conducts Research On The System Of Joint Defendants

In 2014,China's revised Administrative Procedure Law made a major revision to the administrative reconsideration organ as a defendant,clarifying the cases maintained by the reconsideration organ and reunifying the original administrative organ with the reconsideration organ.This provision creates a new system-a system in which the reconsideration organ makes a common defense with the original administrative organ.As a common system of defendants as a special system in our administrative litigation,which is different from the administrative litigation in the general sense,it is based on the reality that the current administrative reconsideration is relatively high,aiming at increasing the responsibility of the administrative reconsideration organ To force the administrative reconsideration organs to actively promote the administrative disputes in a timely and effective manner to achieve the protection of the legitimate rights and interests of citizens.The purpose of the establishment of the system is realistic,but the newly revised "Administrative Procedure Law" on the provisions of the common defense system is still vague and inadequate,and its revised there is still some controversy,the actual implementation process There are some problems,so the need for its further improvement and discussion.There are still some controversies about the question of the complicity system of the reconsideration organ,and the focus of the controversy lies mainly in whether the reconsideration organ should be the defendant in the administrative litigation,and the root of the problem is the nature and function of the administrative reconsideration The disagreement between the administrative reconsideration authorities and the common defendants are the administrative attributes of the administrative reconsideration.The view of the administrative reconsideration organ as the common defendant insists the quasi-judicial attribute of the administrative reconsideration.However,due to the fact that the administrative reconsideration system in our country is characterized by its administrative characteristics,the administrative organ of the administrative reconsideration organ is still the administrative organ,and the administrative reconsideration decision expresses the will of the reconsideration organ.Its essence is an administrative act,Judicial supervision.At the same time,the functional orientation of administrative reconsideration should be the supplement of the internal supervision and judicial relief of the administrative organ.This is also theoverall explanation of the legislative purpose of the administrative reconsideration law and the legislative purpose of the new administrative procedural law.The practical problems of the reconsideration organ as the common defendant system are mainly manifested in the process of the judicial review of the administrative reconsideration organ and the court.In the case of administrative reconsideration authorities,due to the increase in the number of administrative reconsideration cases,the reconsideration organs are subject to increased tension and respond to the increase of pressure.In order to improperly or when the defendants are absent,the reconsideration organ may appear to be inaction,The phenomenon of law.At the same time in order to reduce the risk of losing,the reconsideration authorities may directly adopt the court's review of the original administrative behavior standards,making the review of the two standards convergence;for the court,due to legal and judicial interpretation in the behavior of the definition,review,jurisdiction,,The duration of the prosecution,the referee and other aspects of the provisions of the fuzzy,resulting in judicial practice problems.In order to promote the improvement of the common defendant system,we should do the following: First,improve the administrative reconsideration system.On the one hand,the reconsideration organ should take into account the actual situation,increase the handling of personnel,and actively respond.On the other hand to establish a sound internal and external administrative reconsideration supervision accountability mechanism to avoid the administrative reconsideration organs do not act or chaos as.There is a need for reconsideration organs to establish suitable for their own review standards,should be more rigorous than the court,fully review the original administrative behavior of the legitimacy and rationality;the second is to actively introduce judicial interpretation,for trial practice guidance.In this regard,we should improve the review of the maintenance and change behavior of the definition of standards;unified review of the original administrative behavior and reconsideration of the legitimacy of the reunification of the level of the organs to determine the jurisdiction of the court;reasonable allocation of the original administrative organs and reconsideration organs of the burden of proof;Apply to the 15 days after the reconsideration of the prosecution period;the difference between the application of the referee.