| As an economic,convenient and efficient administrative relief system,the administrative reconsideration system has the functions of solving administrative disputes,safeguarding the legitimate rights and interests of administrative counterparts and supervising the effective exercise of administrative power.As a legal system born in modern times,the administrative reconsideration system produced ideas from the end of the Qing Dynasty,practiced during the Republic of China,and abolished and rebuilt in the new China.It has a localized development process.The development process of the administrative reconsideration system is a microcosm of the development of the rule of law in China.How is the administrative reconsideration system born and developed,and how it is abolished,reconstructed,interrupted,restored,developed,what changes have been experienced in the administrative reconsideration system,how to understand and interpret the hidden motives and laws behind these changes,and how to predict and forecast administrative reconsideration What is the future trend of the system in the administrative relief system? Faced with these problems,this paper selects the administrative reconsideration system during the period of 1978-2018.On the basis of expounding the relevant basic theories,the institutional change process is taken as the object of investigation,trying to analyze the system’s background,main changes and operational effects.To summarize the laws governing the changes of the administrative reconsideration system,in order to propose perfect countermeasures and suggestions on this basis.In addition to the introduction and conclusion,this article is divided into six chapters.The first chapter mainly analyzes the origin of the administrative reconsideration system.The historical origin of the new China administrative reconsideration system is mainly the petition system in the Republic of China.It has the basic elements of the modern administrative reconsideration system.It plays a role as the main channel for solving administrative disputes.The implementation of the petition system has promoted the formation of the rule of law.The ideological origins of the new China’s administrative reconsideration system mainly include thought of “the people suing the government” in ancient China,the thought of the Japanese petition system,the thought of the Soviet Union’s appeal system.Whether in the decentralized legislative stage or in the unified legislative stage,the form of the law manifested by the New China Administrative Reconsideration System has always been characterized by diversification.Its forms of origin mainly include the Constitution,laws,administrative regulations,and local laws and regulations.The second chapter briefly analyzes the restoration of the administrative reconsideration system(1978-1990).After the founding of New China,the administrative reconsideration system has undergone sporadic exploration,and the middle was interrupted for the Cultural Revolution.Under the background of the beginning of reform and opening up,the reshaping of the concept of the rule of law,and the restoration of the rule of law,the administrative reconsideration system has been restored and gradually played its role.During this period,a unified administrative reconsideration system has not yet been formed.The laws and administrative regulations mainly stipulated the scope of the case,the reconsideration jurisdiction and the reconsideration procedures.The administrative reconsideration system had problems such as the decentralization of legislative forms,the inconsistency of legislative content,and imperfect legislative content.The promulgation of the Administrative Litigation Law played an important role in unifying and standardizing part of the administrative reconsideration system,the principle of unified administrative reconsideration and administrative litigation,and the promotion of the unified administrative reconsideration system.The third chapter focuses on the analysis of the unification of the administrative reconsideration system(1991-1998).In order to solve the problems of decentralization of the administrative reconsideration system,inconsistency of important systems,and imperfect institutions,under the joint promotion of the practice development and the promulgation of the Administrative Litigation Law,the implementation of the Administrative Reconsideration Regulations marks the administrative reconsideration system unified at the level of administrative regulations.The changes are mainly manifested in a clearer and more obvious scope of the case,a more comprehensive system of reconsideration rules,a more comprehensive reconsideration process and a more comprehensive reconsideration decision.At the same time,in order to implement the Administrative Reconsideration Regulations,the central and local governments have successively formulated a series of administrative reconsideration supporting systems.The administrative reconsideration agencies at all levels strengthen the construction of administrative reconsideration institutions by establishing legal institutions,administrative reconsideration committees,administrative reconsideration offices,and administrative reconsideration and responding institutions.The role of the administrative reconsideration system has been further exerted,the main performance was that the number of cases has exceeded half of the amount of administrative litigation cases in the same period,the correction rate has maintained a high level,and the applicant’s satisfaction was higher.The fourth chapter mainly analyzes the development of administrative reconsideration system(1999-2006).Since the implementation of the Administrative Reconsideration Regulations,the administrative reconsideration agencies at all levels have accumulated rich experience,and the problems and deficiencies of the administrative reconsideration system have gradually emerged.In this context,with the implementation of the Administrative Reconsideration Law as a symbol,the administrative reconsideration system has been unified at the legal level,and its changes mainly include the expansion of the scope of the case,the optimization of administrative reconsideration jurisdiction,the improvement of administrative reconsideration procedures and the enrichment of types of administrative reconsideration decisions,and at the same time,In implementing the Administrative Reconsideration Law,the central and local governments have successively formulated a series of administrative reconsideration supporting systems.During this period,the administrative reconsideration agencies were strengthened,and the administrative reconsideration work teams were enriched,the amount of administrative reconsideration cases has grown significantly.Compared with the administrative litigation in the same period,the amount of administrative reconsideration cases has gradually approached the trend of the amount of administrative litigation cases.Although the correction rate decreased,it still maintained a high level.The system has played an important role.The fifth chapter focuses on the new stage of the administrative reconsideration system(2007-2018).Agaist the background of frequent administrative disputes,the construction of a rule of law government,and the construction of a harmonious society,with the implementation of the Administrative Reconsideration Law Implementation Regulations as a sign,and the administrative reconsideration system is moving to a new stage.The main changes include the further improvement of application requirements,acceptance rules,trial methods,reconsideration decisions,etc.At the same time,the central and local governments have successively formulated a series of administrative reconsideration supporting systems.The revision of the Administrative Litigation Law has also had a major impact on the workload of the administrative reconsideration agency,the scope of the case,and the review criteria.At the same time,some regions have also actively carried out pilot work of the Administrative Reconsideration Committee and the Administrative Reconsideration Bureau.They have achieved certain results in smoothing relief application channels,integrating internal administrative resources,enhancing the effectiveness of rights relief,and enhancing the credibility of administrative reconsideration.During this period,the amount of administrative reconsideration has maintained a relatively rapid growth,and it has gradually approached the administrative litigation,and the error correction rate is still running at a high level.The sixth chapter mainly analyzes and forecasts the administrative reconsideration system,explains the motivation and characteristics of this institutional change as a whole,and then looks forward to its future development trend.The motivations for the change of administrative reconsideration system mainly include three aspects: the transition of economic system from planned economy to market economy,the transition of administrative system from centralization to decentralization,and the change of governance concept from human governance to rule of law.The change of administrative reconsideration system mainly reflects the following characteristics: the dual influence of legal tradition and legal transplantation,the interaction between rule of law construction and economic and political development,the coordination of legal system and institutional innovation,the linkage between procedural judicialization and administrative rule of law,and the deviation between institutional design and implementation.Generally speaking,since the reform and opening up,the administrative reconsideration system has experienced many stages such as recovery,unity,development,and reform,and played an important role.However,due to the defects and shortcomings of the system itself,its role as the main channel for solving administrative disputes is far from being played.In order to further improve the administrative reconsideration system,this paper proposes five aspects: First,based on the national conditions of the country and the experience of extraterritorial use,improve the basic legislation and supporting system of administrative reconsideration,and relatively exercise the administrative reconsideration function.The second is to maintain a balance between the protection of rights and the power of supervision by upholding the position of rights relief and expanding the scope of the case.The third is to achieve a fair priority and a balance of efficiency by setting up a reconsideration agency,establishing a reconsideration officer system,and reforming the review method.The fourth is to further improve the connection between administrative reconsideration and administrative litigation by expanding the scope of reconsideration,improving the final system of administrative reconsideration and canceling the "co-defendant" system.Fifth,through the extensive absorption of external scholars in the Administrative Reconsideration Committee,the establishment of reconsideration agencies and research institutions two-way exchange and appointment mechanism,strengthen the interaction between theory and practice,and promote the simultaneous improvement of the theory,system and practice of administrative reconsideration. |
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