A Research On Reform Of The Pilots Of Administrative Reconsideration Committees In China

Administrative reconsideration is the basic legal system that is been used for solving administrative disputes in China now.The State Council legislated The Administrative Reconsideration Regulation and established it finally.With The Administrative Reconsideration Law and The Implementations of Administrative Reconsideration Law was promulgated subsequently,It is highly reviewed that the pilots had in progress and made a well-rounded resolution in social disputes.However,it is used for a subsidiary system of The Administrative Procedural Law.In recent years,it has become an important way to solve the problems with the administrative litigation.With the repaid economic development and a large number of social problems,it is time for a reform in administrative consideration institutions.It is widely debated whether we should make a reform in administrative consideration institutions or not since implementation.Even worse,the administrative consideration institutions cannot make a decision independently with insufficient credibility.Now that all the problems,there are some attempts that is the pilots of administrative reconsideration committees and the administrative reconsideration bureaus.The former Legislative Affairs Office of State Council have issued a notice which was carrying out the pilots of administrative reconsideration committees in Beijing,Heilongjiang Province etc.in 2008.Then,The State Council added 4 pilots in 2010.The committees have achieved significantly since the beginning in the fields of administrative reconsideration rising rates,error corrections and declining litigations rates after administrative reconsideration.However,there are also many problems as well as the great achievements.For instance,different legal natures,insufficient legal basis and the joint connections between the administrative reconsideration and the administrative litigation is not well-related,etc.Firstly,it introduces the history of the administrative reconsideration institutions,dilemma and problems of the administrative reconsideration committees in the first chapter.The administrative reconsideration institutions have gone through three stages: working together with the government's legal departments,dealing with the institutions and reestablishing administrative reconsideration institutions.Then,it discusses that the institutions have some shortcomings,such as the legal status is not independent,the treatment is not neutral and so on.Last,it gives the ways of reform.Secondly,it summarizes the pilots in overall including function,internal structure and implementation details including function,internal rules and regulations.As a whole,the administrative reconsideration committees have been promoted more widely,and many provinces and cities are carrying out.The pilot model of provincial city and county are formed.The chapter analyses the functional orientation of the experiment including the ways of internal organization and specific rules and regulations.Also,it analyzes the modes of typical pilots in Shanghai,for examples,centralized acceptance,centralized review and separate decision,unified acceptance,unified review and unified decision,decentralized acceptance,centralized review and decentralized decision.The pilot's mechanism mainly includes case acceptance,examination,decision making and response.Last not the least,it discusses the foundation of rule of law,foreign committee cases and puts forward to some suggestions.Hence,I make some advice with analyzing the existing problems.We should integrate the current administrative reconsideration resources with improving the internal mechanism or choose the Beijing Mode.