Study On The Legal System Of Reconsideration Organs As Co-defendants

Article 26(2)of the new administrative procedure law stipulates that the reconsideration organ and the original administrative organ who decide to maintain the original administrative act are co-defendants.This article is mainly aimed at solving the phenomenon that the reconsideration organ intentionally maintains the original administrative act for the purpose of not being the defendant in practice.System operation in recent 5 years,appeared the administrative body for reconsideration face "every case will be v.",long distance travel problems,the administrative body for reconsideration tend to risk such as does not meet the requirements for the acceptance to reality,also appeared a co-defendant defense between high and low caliber is not unified,proof effectiveness controversial,the administrative body for reconsideration properties,passivity and other legal conflict.On the judicial side,due to the lack of legal provisions,the scope of co-defendants,the connection between reconsideration and litigation,the trial procedure,the way of judgment,the litigation cost burden of losing cases of co-defendants,the distribution of administrative compensation liability,and a series of problems of low efficiency.Based on this,this paper puts forward some Suggestions on adjusting administrative litigation procedures,perfecting the legal supporting mechanism,giving full play to the potential of administrative reconsideration organs to resolve disputes,and introducing government legal advisers to make concerted efforts and comprehensive management.