Research On The Path And Measures Of Administrative Reconsideration To Resolve Administrative Disputes

Based on the "administrative reconsideration ways and measures of resolving administrative disputes" as the theme,through the national in China since 1999,guangdong,Shanghai,chongqing and guizhou administrative review and administrative litigation practice data in-depth research and analysis,from the data to find the value of the administrative reconsideration as administrative dispute settlement path and advantages,problems and reasons,from all over the practice of a firm confidence in the system of administrative reconsideration,seeking to give full play to the administrative reconsideration paths and measures to solve the administrative dispute,and tries to put forward targeted Suggestions,at the same time,also strive to fill the academic circles to the weak link in the research of administrative reconsideration system in China.In this paper,the text has three parts,in the first part,mainly analyze the administrative review and administrative litigation cohesion mode analysis of administrative reconsideration system value and advantage in the first place to the pre-review,final type of reconsideration,make a prosecution,free wide choices,briefly theory in this paper,the four kinds of patterns and by the method of data and detailed analysis on the current connection mode,in the face of dual path choice of administrative review and administrative litigation,administrative relative person and some provinces and cities nationwide within the administrative relative person's choice,And further analysis of the administrative relative person to make a choice behind reveal out the internal relation of the unique professional and efficiency,the value of the situation at the grassroots level,the requirement of low cost and convenient advantage,administrative litigation solving saturation to bypass the administrative reconsideration relative four existing in administrative lawsuit value and advantage.In the second part,mainly analyzes the administrative reconsideration and solve the problems existing in the administrative dispute path with reason,that is based on the current administrative reconsideration compared with administrative litigation of our country's overall "disadvantage" and "local advantage" of the status quo,the administrative reconsideration in parts of theoretical and practical level has significant advantages,but the value and advantage not to effectively play out in our country on the whole,still exist in the administrative reconsideration cases total development lag,the smaller the administrative reconsiderationsystem unbalanced development between different provinces and cities,the administrative reconsideration decision to maintain the rate is high,the administrative reconsideration cases administrative litigation change rate higher four aspects of the outstanding problems.Behind these problems,there are more profound reasons.First,there are defects in the establishment of the subject of administrative reconsideration.Second,the transparency of administrative reconsideration is limited.It is because of these problems and causes that the advantages of administrative reconsideration to resolve administrative disputes have not been given full play.In the third part,in view of the current existing problems and reasons,the author strives to search for a solution from the regional practice,therefore,in full reference to guangdong,Shanghai,chongqing,guizhou and other places,on the basis of practice experience,put forward to promote the administrative reconsideration organ and the administrative reconsideration institution integration,establish and improve the responsibility system,with responsibility of reconsideration comprehensive promoting administrative reconsideration through information disclosure,enhance the level of specialization of administrative reconsideration team four aspects of the proposal,Including that give the administrative reconsideration agency decision of reconsideration,the record to the administrative reconsideration decision to establish entry the main responsibility,perfect the administrative reconsideration regulations,expand the scope of the administrative reconsideration regulations,improve the administrative reconsideration responsibility start the program,improve administrative reconsideration review way public transparency,comprehensively promote the administrative reconsideration decision standardization standardization,fully implementing the administrative reconsideration decision online system,personnel qualification management system of administrative review,establishment the mechanism of administrative reconsideration workers out of specific recommendations.