Research On The Operation Of China's Administrative Reconsideration System

The administrative reconsideration law of China has been promulgated since 1999.After more than 20 years of implementation and development,China has established a relatively perfect administrative reconsideration system.As a whole,China's administrative reconsideration system is fair and efficient in practice.In a word,the administrative reconsideration system has played its due role in many aspects,such as the supervision of law enforcement by administrative organs,the settlement of some administrative disputes,and the protection of the legitimate rights and interests of administrative counterparts.With the continuous deepening of reform and opening up and the continuous development of social economy,the reform of the national political and economic system and mechanism has been pushed forward in depth,the legal awareness of citizens has also been constantly improved,but the administrative disputes have been constantly increasing.At the same time,since the 18th plenary session of the CPC Central Committee,especially after the Fourth Plenary Session of the 18th CPC Central Committee,which clearly defined the major task of comprehensively promoting the rule of law,the Communist Party of China has placed the requirements of the construction of the government's rule of law at an unprecedented level.However,there are some problems in the operation of the administrative reconsideration system,such as the small number of administrative reconsideration cases,the lack of justice in the decision of administrative reconsideration cases and so on.This paper is a study of the practice of the administrative reconsideration system in China,taking J City as an empirical study and J City as the starting point.The first chapter analyzes the concept of administrative reconsideration,then analyzes the value and characteristics of administrative reconsideration,then combs the evolution of the administrative reconsideration system in China,and finally summarizes the development status of the administrative reconsideration system in China.The second chapter,taking the operation of the administrative reconsideration system of J City as a model study,through the empirical study of the operation of the administrative reconsideration system of J City,combs the existing problems in the specific operation process of the administrative reconsideration system of our country under the current law enforcement environment.The third chapter,through the analysis of the current situation of the operation of the administrative reconsideration system,from the three aspects of the legislation of the administrative reconsideration,the allocation of personnel for the administrative reconsideration,and the external environment,to explore the deep-seated reasons behind the difficulties in the operation of the administrative reconsideration system.The fourth chapter,from the perspective of finding problems to solving problems,puts forward more practical suggestions to improve the operation of the system.This paper tries to find a balance between the administrative and judicial dualism of administrative reconsideration and build a perfect administrative reconsideration committee model in line with China's national conditions.Let the administrative reconsideration system run more smoothly and become the main channel to solve administrative disputes.It can not only protect the legitimate rights and interests of the administrative counterpart,but also improve the administrative efficiency.