Research On The Self Correction Procedure Of Administrative Subject

In n recent years,in the context of building a diversified administrative dispute resolution mechanism,administrative self correction has become an efficient way to correct errors.On the one hand,it can free the relative from the complicated process of safeguarding rights,on the other hand,it can end the effectiveness of illegal or improper administrative actions in time,prevent a large number of disputes,reduce the judicial cost and improve administrative efficiency at the same time Rate.In our country,the remedy for defective administrative acts mainly focuses on administrative reconsideration,administrative litigation and even petition.It needs a lot of time cost and litigation cost for the administrative counterpart to safeguard their rights.Administrative self correction starts from the internal part of the administrative subject,which can solve administrative disputes in a timely and efficient manner.However,there is no uniform code of administrative procedure in China,and relevant procedural provisions are scattered in separate laws,which makes the application of administrative subject's procedures in the process of self correction different or even conflict.On the other hand,due to the tradition of valuing reality rather than procedure,the administrative subject has weak procedural consciousness in the process of self correction,and there are still a lot of illegal phenomena in the process of self correction.This paper points out the specific problems in the self correction procedure of the administrative subject by the way of case illustration,finds out the reasons from the existing legislation and law enforcement practice,and puts forward specific suggestions toimprove the self correction procedure of the administrative subject in China.This paper consists of four parts:The first part: the summary of self correction procedure of administrative subject.This paper expounds the connotation,legislative status,value function and principles of self correction procedure of administrative subject.The second part: the concrete problems of self correction procedure of administrative subject in China.Through the way of case illustration,the problems in the error correction procedure are pointed out.The third part: the analysis of the reasons for the problems of self correction procedure of administrative subject.This paper analyzes the causes of the problems through the existing legislative provisions and the practical difficulties in law enforcement practice.The fourth part: the conception of improving the self correction procedure of administrative subject in China.Combined with the existing laws and local procedures,and starting from the internal part of the administrative subject,this paper puts forward some suggestions to improve the self correction procedure of the administrative subject in China.