Reconstruction Of China's Committee Of Administrative Rconsideration

The administrative reconsideration system stipulated in China's "Administrative Reconsideration Law" encountered many difficulties in the operation process.The basic reason is the pursuit of administrative and internal supervision.But it lost the balance at the present times.It leads that the Administrative Review Agencies lack of independence finally and lack of credibility either.Based on this,the former Legislative Affairs Office of the State Council issued the “Notice of the Legislative Affairs Office of the State Council on the Pilot Work of Administrative Reconsideration Committees in some Provinces and Municipalities”,confirming the pilot work of the Administrative Reconsideration Committee in 8 provinces and municipalities,including Beijing and HeiLongjiang.At the beginning of the reform,a few representative pilots have got some achievements,but the shortcomings of the review committee's pilots have gradually emerged.For example,the lack of independence of the reconsideration committee,the review staff are not professional enough,and the methods of trial are unscientific.As a result,the reconsideration did not resolve the substantive disputes,so it can't realizes the case to diverge reasonably for Administrative Litigation.Therefore,this paper would not only maintain the administrative adjudication system and external board members of “Harbin pattern”,but also analyzes the above disadvantages.Starting with improving judicial and independence,propose to amend “Administrative Reconsideration Law”,reforming the Administrative Reconsideration Committees which the leading function is resolving administrative disputes.Trying to make the administrative reconsideration actually work in solving the disputes between people and administrative agencies.