Research On Administrative System

The administrative appeal system is a system that exists extensively in practice but is not defined in theory in theory.In reality,there are two conclusions about the study of the administrative appeal system: independent theory and non-independence theory.We believe that the administrative appeal system refers to a system of remedies that disregards the external administrative actions of the administrative counterparts,submits the review requirements to the administrative entities that have made the administrative acts,and requires the original administrative entities to review and make decisions again.The system has many similarities with China's administrative reconsideration,administrative litigation and other systems,but there are essential differences.The administrative appeal system has the functions of repairing administrative relations,safeguarding civil rights,resolving administrative disputes,and supervising administrative rights.The origin of any government and social power comes from the transfer of civil rights.This is a common feature of all constitutional states.When the right is a constant,the expansion of administrative power means the reduction of civil rights,that is,the restriction of civil rights.In the constitutional society,the executive power and the citizen's rights are mutually reinforcing and coexist.In the structure,there is a unity of opposites.The administrative power can not only protect the rights of citizens,but it is also very likely to infringe the rights of citizens.Against this background,it is necessary to prevent the alienation of administrative power and to establish a balance between the relationship between administrative power and civil rights.It is not only necessary to resolve conflicts between the two sides in resolving disputes but also to repair the rift between the two parties and seek cooperation between the two parties.Therefore,the author draws lessons from the reasonable factors ofscholars' research results,fully discusses and studies our country's administrative appeal system,with a view to re-positioning our country's administrative complaints system and attempting to construct an administrative appeal system.This paper adopts the logical structure of the order in which problems are raised,analyzed,and resolved,and focuses on the core issues that need to be reconstructed in the new era.The countermeasures to improve the administrative complaints system in our country are proposed from three aspects.At the first level,the author clarifies the three principles of the administrative appeal system,namely,the principle of comprehensive review,the principle of safeguarding the rights,the principle of high efficiency,and the principle of coordination.The second level is the concrete procedure for improving the administrative appeal system;the last level is It is the perfection of the connection between the administrative appeal system and other relief systems in China.