Research On The System Of Relatively Centralized Administrative Reconsideration Right

The reform and exploration of the administrative reconsideration system has been continuing since the establishment of the system for more than twenty years.It shows the coexistence of dispersion and centralization characteristics.The system of relatively centralized administrative reconsideration right has revolutionized the traditional decentralized system.Taking administrative reconsideration right as the core content,focusing on the technology and the means,as the operating norms,together constitute the system of the complete system.It also focuses on the issues of the independent review mechanism and the lack of professional review.Promoted by the centre government most provinces have carried out the pilot.The type in theory and practice,also face the various problems,always can't completely get rid of the shackles of the current line system of reconsideration.In this paper,one foot in the relatively concentrated administrative reconsideration right to model the actual distance,good audience member will pilot with line review based on absorption and transformation,a unified operating set of rules for the frantic jumble of standard model the unification in the organizational structure of this typed mode and operation mechanism,scientific heavy and institutionalization of styling,strive for the innovation of administrative reconsideration system and the modification of the administrative reconsideration law for optimal set.Underground part mainly expounds the research outside the content,significance,research at home and abroad presently,research method and the innovation place.The first part is the concept and composition of the basic relative centralization of reconsideration.The second part is the paradoxical analysis of the system of relative centralization of reconsideration.The article expounds the legal basis of the three aspects: the principle of administration,the common pursuit of public works and efficiency,and the procedural justice of heterogeneous power.Then the paper summarizes the realistic dilemma faced by the mode of the forward reconsideration system,and highlights the comparative advantage of the relative centralization.The third part is the practice exploration of the system of relative centralization of reconsideration.It includes the practice model and practice effect of the right of the current relative centralization of the right of reconsideration,as well as the problems and shortcomings of the system in practice: breaking through the legal reconsideration jurisdiction,and the focus on the construction of the special administrative reconsideration is not "the four aspects of the litigation structure of the independent river for reconsideration and the change of the litigation structure after reconsideration."The fourth part is the perfection of the relatively concentrated reconsideration right including unified decision mode as the standard mode.Set up under the state council,provincial,municipal and county level 4 special administrative review committee,establish full-time administrative reconsideration of the personnel team,strengthen the independence of the administrative review committee position four aspects of content.Finally in the face of revision of the administrative review law,it is necessary to have a master mode scheme for decision makers to arrange.It is possible to establish a just and effective system of reconsideration that conforms to China's national conditions.