Research On The Rationality Of Administrative Reconsideration

Administrative reconsideration system is an important legal system established in China to safeguard the legitimate rights and interests of citizens and promote the administration of administrative organs according to law.Different from the people’s court’s review of the legality of administrative acts,the original intention and purpose of the birth of the administrative reconsideration system is to conduct a comprehensive review of all kinds of specific administrative acts made by the administrative subject from the aspects of legality review and rationality review.As for the administrative reconsideration organ which exercises the power of administrative reconsideration,its unique position in the process of the operation of administrative power determines that it has the important responsibility of reviewing the rationality of specific administrative acts.In practice,the administrative reconsideration organ determines the nature of the specific administrative act of the administrative organ by reviewing the specific administrative act and making a reconsideration decision.In practice,this kind of treatment carries out internal control over the administrative actions of lower administrative organs or functional departments at the same level in an administrative way.Taking the rationality review of administrative reconsideration as the research object,this paper analyzes the theoretical basis,legitimacy and causes of problems of rationality review by combining with the author’s practical work.On this basis,it proposes to expand the scope of rationality review of administrative reconsideration,improve the way of rationality review of administrative reconsideration,increase the types of rationality review decisions of administrative reconsideration,and establish the guiding case of administrative reconsideration The author puts forward some constructive suggestions for the improvement and development of the administrative reconsideration system.