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The Study On The Review Mechanism Of Administrative Reconsiderations Committee In China

Posted on:2020-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:W L CuiFull Text:PDF
GTID:2416330575455540Subject:Law
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At present,the main administrative reconsideration committee models can be divided into three types.These three models are mainly distinguished based on the adjustment of the concentration of administrative reconsideration rights:the first is the mode of centralized administrative reconsideration;the second is partial centralized administrative reconsideration.The third mode is the jurisdiction of the administrative reconsideration power under the current legal norms.The administrative reconsideration committee is set up only at the people's governments at various levels and their functional departments,and is included in the external committee.The above three modes of the Administrative Reconsideration Committee are included in the external committee members,but after the pilot reform,there are also administrative reconsideration committees that are not included in the external committee members.Although the establishment mode of the administrative reconsideration committees varies from place to place,only the administrative reconsideration committee's working rules have common points in all places.Generally speaking,the administrative reconsideration committee is an extraordinary deliberative body.The review mechanism of the Administrative Reconsideration Committee discussed in this paper is only for the case review of the Administrative Reconsideration Committee,and can also be said to be the collegial system of the Administrative Reconsideration Committee.The author believes that the review mechanism of the Administrative Reconsideration Committee under the current collegial system mainly involves the acceptance of the case,the composition of the subject,the mode of examination,and the voting decision of the review results reviewed by the Reconsideration Committee.These four links constitute a complete review of the Administrative Reconsideration Committee.mechanism.Studying the review mechanism of the Administrative Reconsideration Committee should first clarify the basic theoretical issues of administrative reconsideration,and study whether the function and orientation of the review mechanism of the Administrative Reconsideration Committee should be returned to the discussion of the function and orientation of administrative reconsideration in China.Give good play to the advantages of the system.The leading function of the administrative review mechanism is the rights relief,and the administrative review mechanism should reflect the administrative nature.The composition of the staff of the Administrative Reconsideration Committee currently participating in the case review has been improved,and the Administrative Reconsideration Committee can give full play to the external personnel force.The administrative review committee's approach is mainly based on written investigation.On the premise that the non-permanent members of some administrative reconsideration committees are adequately staffed,the parties should be given the right to choose non-permanent members of the Administrative Reconsideration Committee to participate in the review of the case.In order to avoid duplication of legislation,the specific circumstances of the avoidance system need not be further clarified,but the existence of the avoidance rule should be emphasized in the rules of the administrative re'view committee of each region.Cases considered by the Administrative Reconsideration Committee are generally more important and difficult cases,and the method of review that should be adopted is worth exploring.Therefore,there are written examinations and verbal examinations for the review of administrative reconsideration.The reason why the choice of the administrative review committee's review method is controversial is because there is a contradiction between the two methods.The written review is synonymous with efficiency,and the verbal review is relatively fair.The decision of the Administrative Reconsideration Committee should be based on the principle that the minority is subject to the majority.As long as the participants fully explain their own deliberations,the majority of the reconsideration decisions must be relatively reasonable.Although the nature of the administrative review opinion is not within the scope of the review mechanism of the Administrative Reconsideration Committee,the nature of the administrative review opinion can fully reflect the effect of the review mechanism of the Administrative Reconsideration Committee if the review decision of the Administrative Reconsideration Committee is insignificant.The significance of the review mechanism of the Administrative Reconsideration Committee has also been greatly weakened.It is necessary for the Administrative Reconsideration Committee to establish a public hearing system represented by hearings.The hearing system is slightly more procedurally compared with the formal public hearing system.The parties should be given the option to choose the administrative review committee's trial personnel,so that the administrative counterparts have a sense of participation in the administrative reconsideration.At the same time,the system of avoidance of members of the Administrative Reconsideration Committee should be established.Although at present,China's administrative reconsideration committee may not be able to fully realize the public trial,the principle of openness can be reflected in two aspects:the openness of the administrative reconsideration process and the disclosure of administrative information.On the basis of the decision of the Open Administrative Reconsideration Committee,the system of explanation of the reasons for reconsideration should be emphasized.This is the basic requirement of the principle of disclosure.
Keywords/Search Tags:Administrative Reconsideration, Reform of Administrative Reconsideration System, Review Mechanism, Administrative Reconsideration Committee
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