Theory Of A Complaint Reporting System And The Administrative Reconsideration System

China’s petition system, born out of Chinese traditional culture, is a system with Chinese characteristics that carries functions of political participation, administrative supervision and right relief all in one. However, the petition system has evolved into a means of right relief, which is abused and even, to some extent, violates the legal order and weakens judicial authority. The administrative reconsideration system, as an important legal system of administrative supervision and right relief in China, is actually crippled and has not played its due role. In practice, an abnormal pattern of "strong petition, weak reconsideration" has even been formed. The solution to the problem is to develop effective coordination between the two systems and establish a systematic and well-matched administrative dispute resolution mechanism so as to realize coordination, interaction, functions complementation and connection of procedures.The connection between the petition system and the administrative reconsideration system is a necessary requirement for establishing an efficient, convenient and integrated administrative dispute resolution mechanism in the new era. This paper starts from the unique characteristics of the two systems. Firstly, the concept of "petition" is defined and the specific content of the petition system is elaborated. The author also introduces the theoretical framework of this system, which is then applies to the interpretation of the current reality of "petition craze" Secondly, based on the discussion of establishment and positioning of the administrative reconsideration system, this paper examines why current administrative reconsideration system cannot fully play its due role in solving rising administrative disputes. Finally, this paper, taking basic national condition and realistic demands into consideration, contrastively analyzes the two systems from aspects of legislation, practice, system differences, as well as problems, difficulties and actual possibilities of their connection. From the above analysis, it is concluded that to some extent the petition system and the administrative reconsideration system are both the fundamental administrative relief measures in China. Coordination between the two systems is very important. Studies of their differences can help to find out their similarities and proved possibilities for establishing contact mechanism between the two systems and realizing their advantage complementation and system connection.The connection between the petition system and the administrative reconsideration system is a dynamic process, which should not only be based on actual system framework and operation, but also obey the objective laws of legal system construction and be gradually promoted in accordance with the principle of "rule by law, administration by law". Based on the above analysis and current laws, regulations as well as relevant rules, the author gives a detailed discussion of how to realize the connection between the two systems. Firstly, by citing related cases and data, the author put forward target and practical suggestions for how the two systems connect both technically and operationally. Secondly, the author proposes the ideal framework of the contact mechanism of the petition system and the administrative reconsideration system, and then discusses the five measures to realize it. Finally, the author makes reasonable suggestions for effective connection of the two systems from two aspects of social security and publicity.