The Dilemma And Solutions For The Double Defendant System Of The Reconsideration Maintenance

The theme of the article is in the context of the maintenance,the legislature has the original reconsideration of the choice of the defendant system modified to reconsideration to maintain the dual defendant system,that is,the reconsideration authorities in the maintenance of reconsideration decision under the premise must also be with the original administrative organs becoming a defendant,jointly responded,changed the 1989 Administrative Procedure Law on the maintenance of the background,that the reconsideration organs do not do the defendant's legislative provisions.However,the problem-oriented provisions,not only conflict with a number of legislative systems in legislation,in the judicial practice also produced a lot of problems.Second,the system is based on resolving the phenomenon of reconsideration and maintenance,but it is not the fundamental solution.Therefore,the_argument in this paper is to cancel the reconsideration to maintain the dual defendant system and to resolve the phenomenon of reconsideration maintenance by ensuring that the reconsideration organ is neutral,consolidating the reconsideration resources and safeguarding the professionalism of the reconsideration organs.The first chapter of this article is to review the legislative background of reconsideration to maintain the dual defendant system-maintenance,and discussed three defendant systems of the reconsideration system-reconsideration organs will not be the defendant,be the defendant and the choice of the defendant system.The three systems have their profound theoretical basis,but they all have some practical difficulties due to the systems themselves.Reconsideration to maintain the dual defendant system is the deformation of the choice of the defendant system,and elaborated the difference between this system and the traditional common defendant system.Section III of this chapter focuses on the background of the reconsideration of the dual defendant system-the maintenance and the reasons for its coming into being.The second chapter discusses the conflict between the dual defendant system and the existing legal system and the difficulties in practice.The first section deals with the legislative conflict,first of all,the impact on the jurisdiction,the dual defendant system forcing the jurisdiction of the court at the grassroots court,but ignoring the inappropriate impact of the higher level of reconsideration authorities on the grassroots courts.Second,the reconsideration authorities can be combined with the original administrative organs to testify,which contradicts with the first evidence after the adjudication system,forcing the dual defendant system and obstructing plaintiff to exercise right of disposition.The second section is about the practical dilemma of reconsideration and maintenance of the dual defendant system.It not only causes the increase of administrative cases,but also makes it difficult for the reconsideration organs to cope.In particular,the administrative chiefs appearing is more complicated and difficulty of the evidence system increases the court trial pressure.The third chapter of this paper is about the three current designs of the system of reconsideration of the defendant,including the administrative judge system,the petition system and the administrative reconsideration system.These three systems have different defendants,but have had a very good impact in practice.Therefore,it's not important who is the defendant,the key is the design of equipment system,ensuring that the reconsideration organs can resolve administrative disputes independently and neutrally.The fourth chapter of this paper is about the further solution of reconsideration to maintain the dual defendant system.In view of the facts of reconsideration to maintain the dual defendant system this year,the author suggests abolishing the reconsideration to maintain the dual defendant system,restoring the original choice of the defendant system,and considering the construction of the reconsideration committee of such organizations,integrating the reconsideration resources to protect the independence of reconsideration organs,setting enterence threshold for the staff according to their professional skills,to solve the problem of maintaining.