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The Administrative Reconsideration Agency Conducts Research On The Issue Of Co-defendants

Posted on:2021-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y T GuanFull Text:PDF
GTID:2516306029982259Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
When the "Administrative Procedure Law" was amended,an administrative reconsideration agency was established as a joint defendant system,and the discussion of this system can be traced back to when the "Administrative Procedure Law" was formulated in 1989.When the law was amended,this system was established in order to improve the phenomenon of "sustainment meeting" of administrative reconsideration.The implementation of the system has increased the number of reconsideration cases received,reduced the reconsideration maintenance rate and the repetition rate,and improved the reconsideration error correction rate.But it also increased the cost of the reconsideration agency and the people 's court,and exposed the inherent problems of the reconsideration system,and the system was created with inherent deficiencies,with a strong purpose,contrary to the theory of the common defendant,and changing the administrative reconsideration The qualitative nature and function,which aggravate the trend of administrative reconsideration,are not conducive to the formation of the pattern of "big reconsideration,litigation,and small letters and visits" and the realization of the goal of becoming the main channel for solving administrative disputes.A series of measures,such as increasing the number of special reviewers,establishing a special promotion and salary mechanism for reviewers,promoting review committees,increasing the neutrality of administrative reviews,and determining jurisdictional courts according to the level of the review agency,can alleviate the problems.
Keywords/Search Tags:Administrative Review, Administrative Litigation, Codefendant
PDF Full Text Request
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