The Administrative Reconsideration Agency Conducts Research On The Co-defendant System

Following the revision of China's administrative procedure law in 2014,the system of administrative reconsideration organs as co-defendants was officially established,with the goal of improving the high rate of reconsideration maintenance and encouraging reconsideration organs to act more actively.Although this clearly targeted system has achieved certain results since its establishment,the implementation effect is not ideal due to the lack of theoretical basis and institutional guarantee.It not only caused the increasing pressure of the reconsideration organ,the increase of inaction and the questioning of the impartiality of the reconsideration,but also caused legal difficulties such as violating the joint defendant system,the doctrine of disposition,the rule of proof and hierarchical jurisdiction.By analyzing the problems and causes caused by this system,this paper comes to the view that this system should be completely abolished in the process of revising the administrative reconsideration law,and tries to put forward the follow-up improvement method of China's administrative reconsideration system when the reconsideration organ does not act as co-defendants.On the premise of defining the nature of administrative review as "quasi-judicial",the administrative review system should be improved by strengthening the professional construction of administrative review and improving the supervision mechanism of administrative review,and strive to realize the vision of the rule of law of administrative review as soon as possible.