A Study On Legal Issues Related To The Reopening Of Administrative Procedures

After the expiration of a statutory relief period,it should be conditionally for a party allowed to apply for reopening the administrative procedure to obtain relief in order to ensure the principles of administrative legality,pursue social justice and protect the legitimate rights and interests of the party if there exist definitely errors for an administrative act.However,the existing legal norms in China do not clearly stipulate the administrative procedure re-opening system,which result in the relief dilemma.When the case enters the litigation level,it produces different judgment results.Therefore,it is necessary to sort out the origin and theoretical basis of the system of administrative procedure reopening,and put forward the system construction and discretion benchmark that are consistent with our judicial practice.In order to prevent the parties from starting wars at will,the setting of application conditions should include the following elements: only the relative party or interested party can apply to the administrative organs with jurisdiction;the application object is for an administrative act of continuing effect but being irrevocable after a statutory relief period has passed;there is a change in the facts or legal status on which a case is based,and a new evidence which is sufficient to overturn the administrative act or a retrial cause similar to that stipulated in the administrative procedure law;the applicant has no gross negligence and can benefit from the re-opening of the procedure.In the face of the applicant's application for re-opening the procedure,the administrative organ should pay attention to the time node in the examination and processing stage,and take into account the social order,public interests and the protection of others' legitimate rights and interests after a original administrative act becomes effective while reviewing the legality of the original administrative act.When a case enters the judicial relief procedure,the scope of application of "repeated treatment" should be paid attention to in the examination for the administrative organs,and the substantive treatment of the administrative organ and the final treatment of the procedural law should also be included in the scope of relief so as to guarantee the rights and the remedy comprehensively.