Review Of Reconsideration Organs As Joint Defendants System In Administrative Litigation In China

The original "Administrative Procedure Law" stipulated: If the reconsiderati on organ gives a decision on the reconsideration to keep the original behavior unchanged,then when the opposing person sue,the original agency will be the defendant;in order to prevent the reconsideration authorities from taking a lar ge number in practice To maintain the practice,the revised Administrative Liti gation Law stipulates a completely new approach with Chinese characteristics,t hat is,reconsideration and maintenance of the joint defendant system.This syst em was accompanied by a great theoretical dispute at the beginning of its birt h.However,whether this characteristic system operates in reality or whether it has played the role originally envisaged by the cultivators,whether it truly so lves the phenomenon of maintaining the society remains to be examined.What the most scholars have praised in the new law,which is considered to be a major advancement of the rule of law in China,is the system of responding t o suits in the court.Whether it is as true as scholars want it to appear,no on e seems to have really investigated.Theoretical theory is perfect and it must b e tested in practice.Now that the new regulations have been implemented for more than two years,it is necessary to examine them from specific legal prece dents and properly resolve the convergence of the two systems of reconsiderati on and litigation.Through the study of a large number of cases,the author fo und that the side effects of the reconsideration organ's decision to maintain the reconsideration were artificially exaggerated.Through the study of the selected case,the author found that less than 10% of the reconsideration decision wasrevoked by the court or confirmed illegal,and the rest was to dismiss the pa rty's appeal.This shows that a large number of reconsideration decisions are correct.Through the case,the author further found that the abuse of judicial re sources in the litigation is widespread,especially the phenomenon of abuse by ordinary citizens is more serious,and the role envisaged by the system has not been realized.Therefore,in order to ease social conflicts,defuse disputes bet ween opposing parties and administrative agencies,and make full use of the u nique advantages of the two systems of reconsideration and litigation,and lear n from each other strengths and weaknesses,so that the two complement each other implementation of the entire administrative system,and To build the rec onsideration system as the main approach to resolve administrative disputes,the author believes that it is urgent to complete the following tasks:(1)perfectin g the theoretical basis of the reconsideration system;(2)strengthening the inter nal perfection of the reconsideration agency;(3)emphasis on organizing the syste m of responsible persons of courts.