On The Prestage Of Administrative Reconsideration

As one of the administrative dispute resolution, administrative reconsiderationmechanism is a rapid settlement of administrative disputes, with fine efficiency andprofession. But the low utilization of administrative reconsideration did not play itsfundamental advantage in reality. Administrate reconsideration preposition is theenforcement of administrate reconsideration in advanced, in order to improve itsutilization. However, the administrate reconsideration preposition mechanism has notbecome the main channel of administrative dispute settlement which bring about thesetting problem of administrate reconsideration preposition. This paper introduce thebasic situation of administrative reconsideration, then study the administrativereconsideration system in foreign and explore the method to improve the administratereconsideration preposition system.Except the introduction，this paper is divided into four parts, the first part mainlyintroduces the concept、 characteristics and outward extension of administrativereconsideration system. And in the end of part one, through the concept ofadministrative reconsideration system we got the meaning of it.And the writer mainlyintroduce the theory about how to set the system of administrative reconsideration.However the system should be a rigorous legal system on the doctrine of separation ofpowers and the set goals of system should be the principle of final judicially. Themainly purpose is to complete the system of right relive.The second part is an empirical study on China’s administrative reconsiderationsystem, which analysis its developing rules through the historical perspective ofadministrative reconsideration: through the comprehension of administrativereconsideration with various historical periods, we found that the development of legalsystem and economic situation closely connected and administrative reconsiderationdeveloped in a waved development before developing steadily. Then it introduces thecontent and scope of the development of legal administrative reconsideration system.The third part introduces the foreign administrative reconsideration and the rangecondition of administrative reconsideration. It summarizes the experience to perfect ouradministrative reconsideration system by analysing the Anglo-American law system (mainly used in the United States) and continental law system (mainly used in the Japan)and the principle of administrative reconsideration in Taiwan.The forth part discusses how to perfect the administrative reconsideration procedure,the author consider that our country, with the disadvantage of our current administrativereconsideration system, should typecast the administrative proceedings as to distinguishadministrative reconsideration system standard that starting from the specification of theadministrative reconsideration scope. As everyone knows that be the poor effect ofadministrative reconsideration, the author consider that administrative reconsiderationpreposition optimization had better introduce the responsibility system, however, it isthe most important to simplify the relations of Administrative litigation andadministrative reconsideration.