Research On The Lack And Improvement Of Chinese Administrative Reconsideration Procedure

Modern administrative reconsideration system originate from the grouth of Chinese socialist democracy, it resolving executive disputes by means of executive branch, and further improving administrative oversight by themselves, furnishing a lawful approach for the administrative Counterpart. Since the founding of new China, Chinese administrative reconsideration system has improve a lot.Until 2000, with the promulgation of the Implementing Regulations the Administrative Review Law, Chinese administrative reconsideration system had independent legal status eventually. During the past ten years, the Chinese administrative reconsideration procedure plays a significant role in safegarding the rights and interests of citizens. But There are also many problems and defects in practice. Chinese administrative reconsideration procedure is full of the politics characteristic excessively. It results in lacking of fairness in administrative reconsideration procedure, in order to better play advantages of the function of solving executive disputes, we should change and reform the Chinese administrative reconsideration procedure. This thesis makes detailed discussions and suggestions for the perfection of the Chinese administrative reconsideration procedure. This paper is divided into five sections.The first section presents the concepts and characteristics of Chinese administrative reconsideration procedure briefly. The second chapter analyze the problems and reasons about Chinese administrative reconsideration procedure in particular. Taking the British administrative tribunal referee procedure and American administrative law judge ruled for example The Chapter Three has introduced the Anglo-American administrative reconsideration procedure briefly. Taking German and France for example, it has introduced the administrative reconsideration procedures of continental law system briefly. In this Chapter we aslo introduce the Taiwan administrative appeal procedure. The forth chapter states how to perfect the administrative reconsideration procedure. Learning the hearing system of United States for reference and combining with the quasi-judicial characteristics of all kinds countries’ administrative reconsideration procedure, the author puts some ideas about reforming the Chinese administrative reconsideration procedure.