Research On Australian Federal Administrative Appellate Tribunal System

The Administrative Appellate Tribunal,established by the Administrative Appeals Tribunal Act of 1975,is an independent body that conducts merit reviews of administrative decisions at the federal level in Australia.In view of the fact that China's current administrative reconsideration system is in dilemma on its operation,it is still seeking a path for reform;and as a similar extraterritorial mirror system,Australia's federal administrative appeals indictment system has attracted the attention of some scholars in recent years because of its good operating conditions.There is a lack of systematic analysis and discussion.Therefore,this article attempts to make a preliminary systematic exploration of the system and seeks to benefit China's reform of the administrative reconsideration system.In terms of specific content,this article is divided into the following sections:The introductory part puts forward the question,points out that our country's administrative reconsideration system is in trouble during the actual operation process.At the same time,it shows that Australia's environment on social and law are similar to those of China,as highly comparable between The Administrative Appellate Tribunal with China's current administrative reconsideration system,providing a possibility for comparative research.The first part is the nature and background.As an independent agency that exercises its merit right of review independent of the judicial system and administrative agencies,The administrative appeals inquisition emerged in the context of the overall reform of the Australian administrative law,in responding to the judicial monorail crisis and in responding to public calls for merit review.The second part introduces the institutional basis of the static level.According to the construction of the Administrative Appeals Tribunal Act of 1975,pointed out that the Tribunal must pursue the objective of providing a mechanism of review that is fair,just,economical,informal and quick.And detailed introduced the basic system of the Administrative Appeal Tribunal,including the composition of the personnel of the Administrative Appeal Tribunal,the organizational structure,the review of administrative decisions,and the supervision mechanism of the administrative appeal court.The third part is the analysis of the current status of the dynamic level.According to the2008-2016 annual report published by the official website,the current status,effectiveness and questions of the administrative appeal referee were analyzed and evaluated.Although Australia has designed the Federal Administrative Appellate Tribunal at the theoretical level,whether or not the institutional design at the theoretical level is reasonable and whether it can achieve its intended purpose needs to be tested through practice.Therefore,through the relevant data in recent years,analysis the case number of handing and closing and the referee for judicial review.This article believes that the Administrative Appeals Tribunal has basically achieved remedies for the rights of litigants during its actual operation,and has realized the auxiliary functions of the diversionary judicial burden,and the obtained effect is greater than the existing problems.The fourth part explains the characteristics of the system.The relationship between institutional design and operational effectiveness is mutual.On the one hand,the operational effect of the dynamic level,as a result of the operation of the system,checks whether the system design at the static level is reasonable.On the other hand,the exertion of the role of a reasonable system as a key factor influencing the effectiveness of operations is also a guarantee for achieving good operational results.Therefore,on the basis of the analysis of the previous part of the current situation,this section demonstrates the rationality of the system and the guarantee of the effectiveness of the operation by elaborating the institutional features of the administrative appeal jurisdiction.This article believes that the system of administrative appeal inquisition has the following three characteristics: a clear positioning of institutional functions,a balance between fairness and efficiency,and a user-oriented operation.It is these characteristics of the administrative appeal inquisitor system that ensure the good operational effect of the administrative appeals inquisitors.The fifth part is experience inspiration.This part will look back to China's administrative reconsideration system,analyze the problems existing in China's current administrative reconsideration system,and put forward three suggestions based on the above four parts of the analysis: The first step in the reform of China's administrative reconsideration system should be to clarify China The function of the administrative reconsideration system;in the design and actual operation of the system,it should be oriented toward the administrative counterpart and adhere to the balance between substantive justice and procedural justice.In summary,this article argues that: The reason why Australia's Federal Administrative Appeals Tribunal can perform well in practice is its rationality.As China's administrativereconsideration system as a mirror image system,under the background of the urgent need for reform to get out of the operating environment,the reconstruction of the system is an unavoidable issue.A reasonable system of administrative reconsideration that suits the conditions of our country's social conditions can be constructed to selectively learn from the useful experience of Australia.