Research On My Country's Administrative Reconsideration Committee System

As a characteristic system under the current administrative reconsideration system in China,the system of administrative reconsideration committee,established on the basis of the pilot work carried out by the State Council in some provinces and municipalities directly under the central government in 2008,has been widely concerned by the academic circles.On the one hand,it can highlight the authority and fairness of administrative reconsideration;on the other hand,it can broaden the way of administrative counterpart's rights relief and enhance the acceptability of administrative reconsideration results.However,the actual effect of the administrative reconsideration committee system is not optimistic.In some places,the administrative reconsideration committee is overhead by the reconsideration organ and can not give full play to its actual effect.At the same time,the administrative reconsideration committee has not yet been determined by law.Its existence has been controversial and the implementation situation is not unified in various places.As a result,the administrative reconsideration committee is still in name only and is still criticized The relative person is more willing to choose administrative litigation to solve administrative disputes.The Administrative Reconsideration Law(Revised)(Draft for comments)defines the system of the administrative reconsideration committee,defines the composition mechanism and functions of the administrative reconsideration committee,and solves the problem of insufficient basis of the administrative reconsideration committee,which is a highlight of the amendment of the administrative reconsideration law.However,the provisions on the administrative reconsideration committee are too general,and there is no clear response to the relevant problems existing in the administrative reconsideration committee under the current system,such as:what kind of mode should be adopted for the composition of the administrative reconsideration committee,whether the trial mechanism can adopt verbal trial,etc.Under the background of comprehensively promoting the rule of law,it is the requirement of administrative reconsideration to "substantially solve administrative disputes and let administrative reconsideration become the main channel to solve administrative disputes".Based on the drawbacks exposed in the process of implementing the system and the background of the reform of administrative reconsideration system,it is necessary to re study the system of administrative reconsideration committee.In addition to the introduction,this study is divided into four chapters.The first chapter mainly expounds the institutional change and value orientation of the administrative reconsideration committee,trying to explain the evolution of the system in function,nature and organizational form.At the same time,it gradually plays the functions of optimizing the allocation of administrative reconsideration resources and enhancing the authority of reconsideration results.The second chapter mainly analyzes the system dilemma of the administrative reconsideration committee from the two levels of "pilot notice" and "opinion draft",and points out that there are deficiencies in the operation procedure,neutrality and corresponding convergence mechanism of the system.The third chapter mainly through the investigation of the special organization and system of administrative reconsideration,trying to provide experience for our country to further optimize the system of administrative reconsideration committee.The fourth chapter is to put forward the optimization path of the administrative reconsideration committee system:first,to reconstruct its system concept,emphasizing the value of resolving administrative disputes;second,to optimize its specific organizational form,specifically,to gradually improve the selection mechanism of members,constantly refine the requirements of members,and strengthen the construction of corresponding administrative supporting mechanism.The third is to improve its operation mechanism,pay attention to clear the starting mechanism,refine the trial mechanism,and further standardize the accountability mechanism.