Research On The Reform Model Of Administrative Reconsideration System

In September 2015,the first national administrative reconsideration Bureau was established in Yiwu,Zhejiang Province.Immediately,the government of Zhejiang,the government of Huangyan and the government of Tonglu all set up the administrative reconsideration bureau in 2016.The appearance of the "Administrative Reconsideration Bureau" indicates that the reform of administrative reconsideration system in our country has entered into an upgraded version.Previously,the administrative review committee has been a pilot for seven years,all over the country have formed a different degree of the administrative reconsideration committee.The two pilot program review system reform process presents the trend of the relative concentration of administrative reconsideration,the administrative reconsideration institutions to strengthen the jurisdiction independence,the introduction of external forces to enhance the professionalism and impartiality of reconsideration decision.The reason is that the current administrative reconsideration on "Administrative Reconsideration Law" is a supervision mechanism of the administrative organ to self correcting wrong behaviors,the administrative reconsideration in the right setting is too scattered,the lack of independence specified in the review body,resulting in the ineffectively practice of administrative reconsideration system.Therefore,The focal point of the reform of administrative reconsideration system is to exercise the power of administrative reconsideration and to improve the social participation of the reconsideration work.The article starts from the appearance of the first "administrative reconsideration bureau",and points out that the new pilot conflicts with the existing system in terms of jurisdiction and organizational structure.Thus,the author summed up the current administrative reconsideration system has jurisdiction over dispersed,decentralized organization and special handling staff shortage three main problems,and the root cause of the problem is the current reconsideration system positioning error lawmakers for administrative reconsideration.The current administrative reconsideration system should be reformed,and the choice of the administrative reconsideration system reform is the core of this study.The author studies the reform model of the review system from two aspects of theory and practice.In theory,according to the administrative reconsideration right of different degree of concentration,the system of administrative reconsideration reform proposed by different scholars can be divided into three types,namely absolute centralized mode,relatively centralized mode and centralized mode.According to whether the administrative reconsideration system is conducive to change the status quo,whether it is conducive to the protection of citizens' rights and supervision of administrative behavior,and whether it is conducive to strengthening the cohesion and related systems,the reform of the relatively centralized mode is better and the impact on China's administrative management system is relatively small,and the reform is more feasible.In practice,the "administrative review committee" and "administrative reconsideration bureau" are the main pilot model of the current administrative reconsideration system reform in China.The model of administrative review committee can be divided into three kinds of committee modes,which focus on the power of review all departments,the power to review some departments and the power to reconsider non centralized departments.The mode of administrative reconsideration bureau is now only provincial government of Zhejiang province and four other pilot,the model has obvious effect,but at the same time there are some problems,such as lack of legal basis,difficulty of connection between upper and lower levels,low degree of social participation.Comparing the two types of modes,the maximum advantage of the Committee model is to improve the legality and authority of the review work,and the greatest advantage of the reconsideration bureau pattern is to realize the independence of the review body and the professionalization of the reconsideration staff.The author believes that the choice of the reconsideration system reform model should focus on the actual effect of the reform,and is more conducive to "bigger and stronger" administrative reconsideration,and more conducive to resolving administrative disputes.Therefore,the reform should take "government leading,professional guarantee,social participation" principle,combined with the two mode advantage,take relatively centralized jurisdiction for reconsideration,establish the department of administrative review,and strictly review personnel appointment standards and supporting system.At the same time,we should establish the major cases of trial and consultation mechanism,improve the reconsideration case trial social participation,then make the administrative reconsideration become the main channel to resolve administrative disputes through multi pronged approach.