Research On The Implementation Of The Relatively Centralized Administrative Reconsideration Power In Shenyang Municipal

The position of the administrative reconsideration system under the framework of the current administrative reconsideration law is a kind of supervision system which is self-correcting the mistakes within the administrative organs,but the functional orientation of removing "judicialization" which comes from the legislative intention has been criticized by the academic circles.The administrative reconsideration jurisdiction system and the corresponding administrative reconsideration institution design under the function orientation have seriously restricted the realization of the goal that "administrative reconsideration becomes the main channel to solve the administrative dispute",nor is it conducive to the justice judgment of administrative reconsideration case and the effective protection of the relative person legitimate rights and interests.To perfect the administrative reconsideration system and working mechanism,improve the quality and efficiency of the administrative reconsideration to resolve administrative disputes and enhance the credibility of the administrative reconsideration system,Legislative Affairs Office of the State Council issued in 2008,"Notice on carrying out the pilot work of the administrative reconsideration committee in some provinces and municipalities "(State Law(2008)No.71),and decided to carry out the administrative reconsideration committee pilot work in some provinces and municipalities,requiring through the administrative reconsideration committee pilot work to actively explore the relatively centralized administrative reconsideration powers.In 2010,the State Council issued "Opinions on Strengthening the Construction of the Government under the Rule of Law"(Guo Fa[2010]No.33)also made it clear that "to explore the implementation of the relatively centralized administrative reconsideration work,the administrative reconsideration committee pilot.Based on the analysis of the pilot model of the relatively centralized administrative reconsideration power in Harbin,Jinan,Shanghai Pilot Free Trade Zone and Fujian Pilot Free Trade Zone,this paper,taking into account the actual situation of administrative reconsideration in Shenyang,seized the opportunity that Shenyang was incorporated into the Liaoning Pilot Free Trade Zone,to reflect the value orientation of the administrative reconsideration system and the reform direction of the reconsideration institutions of China,and to explore the problems may encounter and the relationship need to grasp that the Shenyang City carry out the relatively centralized administrative reconsideration power,which is based on the analysis of the research results of the academic research and the experience of foreign related systems,drawing on the modern public management concept,and then put forward the forward-looking and specific suggestions from the perspective of academic and practical application,in order to provide theoretical basis and practical guidance to the work of administrative reconsideration in Shenyang city.The full text is divided into six parts.The first chapter is the introduction,which introduces the purpose and significance of the topic,the orientation of the administrative reconsideration function,the problems of the administrative reconsideration jurisdiction system,the organization and personnel,and the achievements of the relatively centralized administrative reconsideration power reform and other aspects of the study.The second chapter focuses on the meaning and the theoretical basis of the relatively centralized administrative reconsideration power,which analyzes the concept and value orientation of the administrative reconsideration,the meaning,the mode and theoretical basis of the relative concentration of administrative reconsideration power.The third chapter analyzes the measures,the restriction factors and the reasons for the implementation of the relatively centralized administrative reconsideration power in Shenyang.In the fourth chapter,the author puts forward the countermeasures to promote the implementation of the relatively centralized administrative reconsideration power in Shenyang from the four aspects of the developing to carry out relatively centralized administrative reconsideration power basis,establishing and perfecting the administrative reconsideration institutions,building a stable administrative reconsideration of professional team,and perfecting the administrative reconsideration procedure.The fifth chapter is the conclusion,through the study of the whole paper,puts forward that the scientific and appropriate Integration of administrative reconsideration resources in conformity with the rule of law government requirements,and the pilot work of the relatively centralized administrative reconsideration power is in line with the requirements of the service government.Shenyang City can explore in the municipal government to carry out the relatively centralized administrative reconsideration power,and use Shenyang as Liaoning Provincial free trade zone area of the city's opportunity to carry out a relatively centralized administrative reconsideration power in the free trade area pilot,to explore the feasibility of the pilot model can be operated.