Research On The Right To Centralized Administrative Reconsideration

In the context of the new era,China is committed to building a social governance structure that builds a common governance and sharing system.How administrative agencies effectively exercise state administrative power and manage social public affairs have become the focus of public concern.The value orientation of the administrative reconsideration system is to supervise and restrict the exercise of state administrative power.The power of administrative reconsideration is an instrument for self-correction by administrative agencies.With the rapid changes at home and abroad,the advancement of China's administrative system reform,the modernization of innovative social governance models,and the new,complex and difficult administrative contradictions have followed.In practice,there are many social issues in the exercise of administrative reconsideration.For example,the functions of the administrative reconsideration agency are decentralized,the reconsideration organization lacks neutrality and independence,and the reconsideration staff lacks professionalism.The lags in the reform of the administrative reconsideration system and the problems existing in reality have become the biggest bottlenecks in the function of the administrative reconsideration.This caused the administrative counterparts to choose ways other than legal relief and issues such as petitions,visits,and visits were highlighted.This thesis systematically studies the centralized administrative reconsideration rights by studying the reform of the extraterritorial centralized administrative reconsideration rights and the practice of piloting centralized administrative reconsideration in China.The article is mainly divided into five parts.Each part discusses the centralized administrative reconsideration rights from different perspectives.The first part,mainly from the basic overview point of view,explores the connotation and characteristics of the centralized administrative reconsideration rights,as well as the proposed background and legal basis.The key is to theoretically study and propose innovations in the legal basis of the concept of centralized administrative reconsideration.Under the background of the reform of the administrative system in which the state has simplified administration and decentralization,centralized reconsideration of administrative reconsideration is an inevitable requirement for the scientific allocation of state administrative power.The study focused on the legitimacy of the power of administrative reconsideration and provided sufficient theoretical support for the centralization of the right to administrative reconsideration.The second part mainly sorts out the necessity of putting forward the power of centralized administrative reconsideration:too many administrative reconsideration organizations are set up,functions are dispersed,lack of professionalism in administrative reconsideration,and lack of independence of administrative reconsideration organizations.The third part mainly studies in depth the laws and regulations promulgating the right of centralized administrative reconsideration in various provinces and regions,as well as the problems existing in the pilot study of centralized administrative reconsideration rights,namely,the issue of administrative reconsideration rights for reconsideration and the responsibility of administrative reconsideration committee personnel.The fourth part mainly examines the system of centralized administrative reconsideration in foreign countries and explores the enlightenment of foreign countries to China.The fifth part deals with the problems and combines with the specific national conditions in our country to construct a sound system of centralized administrative reconsideration,hoping to provide reference for the revision of the administrative reconsideration law in the future.To sum up,each new system is proposed from the point of view to the surface.The pilot gradually expands the country.Relatively centralized administrative reconsideration rights,the establishment of administrative reconsideration committees is the practical need for administrative relief.Resolving the value needs of administrative disputes is also an inevitable requirement for the credibility of administrative reconsideration theories.By centralizing the power of administrative reconsideration,we will centralize scattered administrative resources,give full play to the supervision value of the administrative reconsideration system,build a government of the rule of law,and modernize the national governance system and governance capabilities.