Research On The Reform Of Administrative Reconsideration Institutions In China

Since the establishment of the administrative reconsideration system in China in the form of legislation in 1999,it has experienced rapid development and played a very important role in resolving disputes between administrative counterparts and administrative agencies.However,China's administrative reconsideration system is not perfect,and it has encountered many difficulties.The most intuitive appearance is the continuous rapid growth in the number of administrative litigation and petition cases,and the number of administrative reconsideration cases has shrunk dramatically.The dilemma encountered in the administrative reconsideration case is caused by the inherent defects of the current administrative reconsideration system.At present,China's administrative reconsideration agency is affiliated with the administrative reconsideration agency.The staff of the reconsideration agency is also the staff of the administrative reconsideration agency.This dependency leads to a lack of independence for the administrative reconsideration agency.At the same time,the number and basic quality of staff members also affect the efficiency and fairness of administrative reconsideration resolutions.In order to solve these problems,we should actively summarize the useful experience of China's administrative reconsideration committees implemented in various pilot units since 2008,and have the courage to learn the advantages of the extraterritorial administrative reconsideration system,and to establish an administrative system suitable for China's national conditions through legislation.The Reconsideration Committee is the core administrative review system.This paper is divided into four parts: The first part expounds the concept and definition of the administrative reconsideration institution,analyzes the current situation of China's current administrative reconsideration system and raises the existing problems.The second part combines the practical experience of the Administrative Reconsideration Committee in China.The third part puts forward suggestions for the reform and improvement of China's administrative reconsiderationinstitutions by analyzing the experience set by the administrative reconsideration agencies of various countries and regions outside the region.Finally,on the basis of the analysis of the first three parts,it is proposed that the administrative reconsideration committee should have independent personnel and finances,and can independently make administrative reconsideration decisions in its own name;at the same time,it should actively absorb the laws and experts from various fields and other professionals as external members.The judicial power of the Administrative Reconsideration Committee,improve the supporting system,clarify the case review process of the Administrative Reconsideration Committee,and establish the basic principle that the Administrative Reconsideration Committee is not the defendant.