Research On Independence Of Administrative Reconsideration Trial Mechanism

China's administrative reconsideration system began in the early days of the founding of the People's Republic of China.The earliest relevant provisions can be found in the "Measures for Setting Inspection Organs of the Ministry of Finance"approved by the State Council in November 1950 and announced by the Ministry of Finance.After the promulgation of the Administrative Procedure Law in 1989,in order to adapt to and cooperate with the implementation of the administrative procedure system,the State Council formulated and promulgated the Administrative Reconsideration Regulations in December 1990.After several years,the Administrative Reconsideration Law of the People's Republic of China was formulated in April 1994..China's "Administrative Review Law" has been amended twice since its promulgation,and its amendment is also closely related to the development background of the times.With the advancement of governing the country according to law,the number of administrative cases has increased year by year,and administrative reconsideration has gradually become one of the main ways for the public to resolve administrative disputes.However,there are still many problems,especially the excessive reliance on the administrative reconsideration review mechanism to the administrative organs,which leads to insufficient credibility of the administrative reconsideration,and the development of the administrative reconsideration system is difficult.The independence of the administrative reconsideration review mechanism means that the status of the administrative reconsideration,the mode of trial,the procedures and the composition of personnel are not subject to the influence of the administrative organs,and can independently exercise the powers of administrative reconsideration.The administrative reconsideration decision is the responsibility of the person in charge of the administrative reconsideration.It is not necessary for the leadership of the administrative reconsideration organ to approve,centralize the administrative reconsideration functions,give play to the advantages of the system,and build the administrative reconsideration system as the main channel for resolving administrative disputes.The independence of the administrative reconsideration hearing mechanism is centered on ensuring the efficiency,convenience and fairness of the administrative reconsideration.The administrative reconsideration is established unchanged.The advantages of the judicial process will be used to improve the credibility of the administrative reconsideration.It will better safeguard the rights and interests of citizens and better supervise the administration.Exercise of power.The current administrative review mechanism can be viewed from three perspectives:the limitations of written trials,the narrow scope of application of the mediation system,and the wide gap in regional review levels.The written trial resulted in the applicant and the respondent being unable to provide evidence and cross-examination in person,and could not conduct oral arguments.The administrative agencies generally only questioned the respondent about the problems that occurred during the trial.In addition,the administrative reconsideration agency was generally the superior authority of the original administrative act.This result breeds the applicant's distrust,which is not conducive to alleviating the contradiction between the administrative organs and the citizens.Of course,citizens will not tend to choose administrative reconsideration as the first choice to resolve administrative disputes,which is not conducive to the development of the administrative reconsideration system.The narrow scope of application of the mediation system has led to many cases where mediation can be used to resolve contradictions,which can only be forced to abandon because of legal limitations.Mediation is an extension of the administrative review authority's discretion.Whether it is used depends on the administrative review agency's arbitrary planning.Although the scope of the mediation highlights the power of the administrative review agency,it also closes the door for the peaceful resolution of disputes.At this stage,the regional reconsideration level in China is too wide.The administrative reconsideration systems in Shanghai,Shandong,and Chongqing have developed well.The annual reconsideration cases are basically the same as those in lawsuits,but some regions are very different.High,and the level of the reconsideration team is uneven,which have hindered the smooth operation of the administrative reconsideration review mechanism.To solve the above problems,we must grasp three principles.One is to adhere to both the form and substance of fairness;the second is to adhere to the core essence of professional reconsideration;the third is to adhere to the direction of change that meets the needs of social development.On this basis,the administrative reconsideration authority shall be concentrated,explore the diversitication of administrative reconsideration hearing methods,give full play to the role of the mediation system,expand the influence of administrative reconsideration,strengthen the construction and promotion of the administrative reconsideration team,and promote the development of the administrative reconsideration system from multiple angles.In short,the independence of the administrative reconsideration hearing mechanism is very important for the development of China's current administrative reconsideration system.It can solve the urgent need of lack of credibility,enable the administrative reconsideration agency to make decisions independently of the administrative organs in the trial of cases,and can expand and resolve administrative Disputes channels contribute to the development of the rule of law.