Study On The Optimization Of Reconsideration System From The Perspective Of The Main Channel Of Substantively Resolving Administrative Disputes

The Draft for Comments of the Administrative Review Law directly included the policy language of "main channel for resolving administrative disputes" into the legislative purpose clause,which triggered a new round of thinking and debate on the nature and function orientation of administrative review,especially the function orientation.As two hot topics in the field of administrative reconsideration in the past ten years,"substantive solution" can not only be included in the "main channel"theory as a quality requirement,but also the long-term goal of its reform and development."The main channel for substantively resolving administrative disputes"means that administrative reconsideration should give full play to its subjective initiative.By virtue of its own advantages,it should not only include most administrative disputes,but also end most administrative disputes in administrative reconsideration,so as to realize the unity of legal effect and social effect.Administrative reconsideration should become the main channel of substantively resolving administrative disputes,and only administrative reconsideration is suitable to become the main channel of substantively resolving administrative disputes.This is because the administrative reconsideration has the incomparable organizational advantages of the natural and Chinese-style bureaucratic management system and the professional advantages based on the daily business guidance relationship of administrative management,which are compared with the administrative litigation,petition mechanism and procuratorial supervision and other administrative dispute settlement mechanisms."The main channel for substantively resolving administrative disputes" is the goal of the current and future reform of administrative reconsideration system,which also reflects the administrative judicial attribute of administrative reconsideration and the multi-functional positioning of administrative reconsideration system,which emphasizes dispute resolution,takes into account internal supervision and right relief.However,we should also realize that the deep-rooted reasons for the formation of the current administrative dispute settlement system of "large petition,litigation and small reconsideration" and the failure of administrative reconsideration to play its role as the main channel,namely,the mismatch between function and content structure,the poor connection between reconsideration and litigation,and the most fundamental and direct reason is the lack of credibility of administrative reconsideration.Therefore,in order to build administrative review into the main channel of substantively resolving administrative disputes,the amendment and improvement of administrative review Law should start from improving the credibility of administrative review,and build an administrative review system that matches its functions and is coordinated with the cohesion of administrative litigation.Specifically,in order to match the administrative review system with its functional positioning,the optimization of the administrative review system should not only improve the credibility of administrative review by means of public knowledge,fairness and openness,but also resolve administrative disputes by a comprehensive use of administrative review opinions and suggestions system,interview and notification system,mediation and other means.From the perspective of benign interaction between the judiciary and the administration,the optimization of the administrative review system should be guided by the main channel goal of substantive settlement of administrative disputes,and optimize the convergence mechanism of administrative review and administrative litigation by expanding the scope of accepting cases of administrative review,adjusting the scope of administrative review in advance,and gradually reducing and canceling the final bureau of reconsideration.So that the two can play the system joint force to complete the historical mission of substantively resolving administrative disputes.