Administrative Reconsideration Committee System Research In Our Country

In this paper,through the analysis of the pilot status of the administrative reconciliation Committee,the author summarizes the experience and shortcomings,and through the combination of the latest changes such as the reform carried out by the current administrative agencies,at the same time,drawing on the experience of the advanced countries of the administrative reconciliation system,puts forward the system concept suitable for the current situation of our countryThis paper is divided into four partsIn the first part,it expounds on the basic problems of the administrative reconsideration committee in China,First of all,this paper analyzes the legitimacy of the establishment of the Administrative Committee in China and analyzes the lack of legal support for the construction of the Administrative Committee in China.This paper analyzes the conflict between.the construction of the administrative reconsideration committee and the current institutional setting and the conflict between the construction of the administrative reconsideration committee and the current jurisdiction selection system of the reconsideration applicant.The author's point of view is that the "Administrative Reconsideration Law" should be amended as soon as possible,so as to make ip for the lack of legislation and defects.Next,it describes the nature,function,and value orientation of the administrative reconciliation and administrative reconciliation Committee in China.The author thinks that the nature of administrative reconciliation is quasi judicialization,its function is more focused on the right relief of citizens,and the value orientation is to pursue justice.Then,the administrative reconsideration committee should be an independent and impartial administrative reconsideration organIn the second part,it analyzes the construction of the administrative reconciliation committee system in China.First of all,through the use of empirical research methods to compare and analyze the practices of each pilot unit,especially the relative concentration of administrative consensus power,the various modes of the construction of administrative consensus committee,and the program design of the construction of administrative consensus committee.Next,this part focuses on the defects and deficiencies of the administrative reconciliation committee systemIn the third part,it introduces the theoretical research and judicial practice of the overseas administrative compliance system.Among them,it includes the administrative trial committee system in South Korea and the appeal review committee system in Taiwan.Through comparative analysis,we can get the characteristics of the overseas administrative reconciliation system and the enlightenment to our country,that is,the independence of the administrative reconciliation organization is strong,the profession alism of the administrative reconciliation personnel is strong,the scope of the applicant's subject and the scope of the case is large,the administrative reconciliation procedure legislation is completeIn the fourth part,it puts forward the system conception,which is suitable for the current situation of our country.The author puts forward four suggestions:First,it is proposed that we should set up an independent "national administrative reconciliation committee" under the State Council,which is directly responsible for the State Council,so that it can become the legal organ of the administrative reconciliation in China.Second,in this part,the organization structure of the Administrative Committee Office in China is proposed.We can set up the National Administrative Committee Management Bureau under the national administrative committee.In addition,the administrative reconsideration and the responding Bureau of the Ministry of justice were directly transferred to the "national administrative reconsideration committee".Third,the composition of the administrative committee should establish an absolute majority of external members.Fourth,the author puts forward a relatively new program design principles and programs.In our country,we should establish a hearing review as the principle and a written review as the exception,and focus on improving the application rate of hearing review,so as to further enhance the mediation system.The early neutral evaluation system is established in China.