Research On The System Of Administrative Reconsideration Under The Background Of The New "Administrative Procedure Law"

In our country,the law expressly stipulates that the system of administrative reconsideration is one of the systems for settling administrative disputes.The status of its main channel is undeniable.It is noteworthy that,from the very beginning of its establishment,the effectiveness of the administrative review system has not been effectively demonstrated and has been widely criticized.In addition,the revision and Implementation of the new Administrative Procedure Law will have an all encompassing impact on the system of administrative reconsideration.The expected effectiveness of the system of administrative reconsideration as a legal dispute resolution system will be affected.The current difficulties will force the system to reflect on itself and how to improve the administrative system.The system of the administrative reconsideration fails to effectively resolve administrative disputes and protects the legitimate rights and interests of the parties.It has its own shortcomings.Specifically,the system of administrative reconsideration is diversified in functions,narrow in scope and laggard in examination,and can not be smoothly linked with the administrative litigation.Of course,the impact of the implementation of the new Administrative Procedure Law shouldn't be underestimated,resulting in a decrease in the independence of the review body.The scope of the case acceptance exceeds that of the administrative review,resulting in an increase in the number of respondent cases for administrative reconsideration.The review of the double standards of the normal state,the review body and the judiciary,the running of the procedures of administrative reconsideration in administrative proceedings on an "idle" basis,and the waste of judicial resources.Therefore,in the process of perfecting the system of administrative reconsideration,we should conscientiously examine the different positioning design of the administrative proceedings and administrative reconsideration from the perspective of demonstrating the superiority of the system to protect the legitimate rights and interests of the parties.On the one hand,the administrative reconsideration system should be perfected within the framework of the large-scale administrative relief system to ensure its smooth connection with administrative litigation.On the other hand,to perfect the system of administrative reconsideration,we must base ourselves on the experience of our country in the practice of administrative reconsideration system.At present,the improvement of the system of administrative reconsideration in our country has carried out the innovation of local explorations and practices,which mainly includes three aspects: the pilot construction of the administrative reconsideration committee,the centralized the exercise of the reconsideration of jurisdiction,and the detailed reconstruction of administrative reconsideration procedures.The practice and exploration carried out by various regions have the local characteristics and at the same time are in conformity with the trend of the times and have achieved good practical results.Therefore,we should start with the accurate positioning of the system of administrative reconsideration,the reconsideration of the concentration of jurisdiction,the design of procedures and the cancellation of the common defendant system.To sum up,improving the system of administrative reconsideration is of great significance to resolving administrative disputes and safeguarding the legitimate rights and interests of the parties concerned.Of course,no reform can be accomplished overnight.As the saying goes,"night is not yet central,the road is still long," I will search from top to bottom.