The Hearing Limit Of The Administrative Reconsideration Case And Its Perfectness

The hearing limit of the administrative reconsideration cases is also the limit of the relief-getting limit of the relatives concerning about the administrative dispute through the administrative reconsideration. The direct aim of the administrative reconsideration is to solve the dispute between the parties, that is to say, between the administrative organs and the administrative relatives; the hearing limit of the administrative reconsideration cases are concerned about which kinds of the administrative disputes can be solved through the application of the administrative reconsideration. Since the construction of the administrative reconsideration, it has been fully developing the supervision and protection function of the administrative organs, and at the same time it also has been developing the positive functions in protecting the legal rights of the citizens, legal persons and other organizations, as well as preventing and correcting the illegal or incorrect administrative behaviors. With the development of the economy and the society, the due function of the administrative reconsideration system can not develop fully. The reason is because of the narrowness of the hearing limit of the administrative reconsideration, and it leads that a lot of administrative dispute can not be put into the hearing limit of the administrative reconsideration, so the legal rights of the relatives can not be relieved after the encroaching. This thesis explores the causes that lead to the narrowness of the hearing limit of the administrative reconsideration, studying how to re-locate the administrative reconsideration to adjust the need of the hearing limit of the administrative reconsideration, and gives the suggestions from the system design about the perfecting of the hearing limit of the administrative reconsideration through the methods of historical research and comparison research. Besides Introduction and Epilogue, the thesis totally includes five parts.The first part mainly does research the relationship between the location of the administrative reconsideration and the hearing limit of the administrative reconsideration. Firstly, it studies the concept of the hearing limit of the administrative reconsideration; secondly, it analyzes the relationship between the location of the administrative reconsideration and the hearing limit of the administrative reconsideration cases from the historical angle, and finds that the location of the administrative reconsideration can influence the defining of the hearing limit of the administrative reconsideration cases.The second part firstly analyzes the present kinds of the concrete administrative behaviors of the hearing limit of the administrative reconsideration from the jurisprudence beginning with the present provisions; then, analyzes the locating characteristics of the hearing limit of the administrative reconsideration, the existing problems and the differences with the hearing limit of the administrative lawsuit; and at last, studies the basic reason leading to the narrowness of the hearing limit of the administrative reconsideration cases. The conclusion is that the deviation of the location of the administrative reconsideration is the basic reason of the narrowness of the hearing limit of the administrative reconsideration.The third part studies the influence of developing the self-function of the location of the administrative reconsideration, researches that how to re-locate the administrative reconsideration can match the developing direction of the administrative reconsideration, and can make the hearing limit of the administrative reconsideration better suit the need of the administrative reconsideration career through analyzing three locating aspects of the nature, function and value of the administrative reconsideration.The fourth part studies the other factors that need to be concerned about defining the hearing limit of the administrative reconsideration. From the angle of the legislation acquaintance of the administration reconsideration, it researches how to perfect the hearing limit of the administrative reconsideration cases.The fifth part studies how to perfect the hearing limit of the administrative reconsideration from the system aspect on the basis of the completing of the re-location of the administrative reconsideration. Firstly, giving several principles that shall be insisted about the hearing limit of the administrative reconsideration; secondly, giving the jurisprudence analysis of the several administrative behaviors of the administrative reconsideration cases; Thirdly, suggesting how to perfect the provisions of the hearing limit of the administrative reconsideration cases in the Law of the Administrative Reconsideration; Fourthly, studying how to perfect the cohesion in the system with the Law of Administrative Reconsideration in the aspect of the hearing limit of the cases. It can provide suggestions for the system of the hearing limit of the administrative reconsideration for the country in the revising process of the Law of the Administrative Reconsideration.