Research On The Issue Of The Administrative Reconsideration Organ As A Co Defendant

In order to give full play to the efficient and efficient features of the administrative organs,the administrative reconsideration and the administrative litigation system should be carried out,starting with the reconsideration organ as the co-defendant.In order to solve the problem of "nearer" phenomenon,the administrative reconsideration organ as co-defendant system arises at the historic moment,the "administrative procedural law" the implementation of two years,discussed the question,"nearer" problem is solved,maintain rate is really high,there is a quantitative standard? Does the high maintenance rate of administrative reconsideration indicate that the administrative reconsideration organ avoids legal liability,and that there is a necessary connection between the maintenance rate and the correction rate? If the administrative reconsideration organ maintains the role of co-defendant,whether the co-defendant system has substantially increased the responsibility of the administrative reconsideration organ to exercise its functions and powers;Co-defendant system can work in theory,what are the problems of cohesion between law,the need to clarify the relationship between them,to the practice court trial work with a dose of "good medicine".All in all,the discussion on theory and practice is aimed at urging the administrative reconsideration organ to exercise its functions and powers.Finally,based on the theory and practice analysis,this paper proposes a solution.The first method is in addition to the system to speed up the administrative reconsideration law,the administrative reconsideration organ internal review committee to legalize the setting of the pilot,"administrative procedural law" also to undertake a new round of change;The second method is to observe the effect and only partially change the judicial interpretation.There are still many questions to be discussed in this article.