Review And Improvement Of The Administrative Reconsideration Committee's Pat

The Administrative Review Committee is an important system for the reform of the administrative review system.Since the pilot,the reconsideration committee has been widely established from individual pilots to the whole country by virtue of its strong professional and relatively neutral status,which has promoted the fairness of reconsideration to a certain extent,but due to the lack of perfect system provisions,which affects the function of the administrative reconsideration committee,it is necessary to improve the relevant provisions of the administrative reconsideration committee so that the administrative reconsideration committee can play a greater role in the new era.In the context of the current reform of China’s administrative reconsideration system,this paper studies and discusses the current hot issue in China’s administrative reconsideration-the administrative reconsideration committee.The first part of the article sorts out the system design in the reform of China’s administrative reconsideration system from the level of improving the fairness of reconsideration,mainly the administrative reconsideration committee model in the early stage of reform,and the administrative reconsideration bureau model and the administrative court model after 2015,comparing the advantages of several models after clearly selecting the reconsideration committee,discussing the feasibility and necessity of setting up administrative reconsideration members,proving that the administrative reconsideration committee system is in line with the requirements of the current reconsideration system reform and can achieve the goal of reform.The second part of the article first summarizes the development process of the Administrative Reconsideration Board from the pilot to the Administrative Reconsideration Law of the People’s Republic of China(Revised)(Draft for Comments)(hereinafter referred to as the Draft for Comments)vertically,and then specifically points out the legislative focus in the Draft for Comments,analyzes the two legal positions of the Administrative Reconsideration Committee: advisory type and decision type,the author designs the legal positioning of the Administrative Reconsideration Committee under the value of administrative reconsideration,and concludes that an advisory administrative reconsideration committee should be established.Finally,the achievements of the Administrative Review Board in the pilot are summarized,which is mainly empirical research and shows the content with data.The third part of the article analyzes the problems of the Administrative Review Board,mainly at the practical level and the institutional level.The fourth part of the article first affirms the functional positioning of the Administrative Review Board,and on this basis,puts forward the idea of improving the Administrative Review Board in China.