A Research Of Legal Liability For Co-defendant In Administrative Litigation Involves Reconsideration

In 2015 the newly revised "Administrative Procedure Law" for reconsideration by the administrative lawsuit accused qualifications made new provisions. This stems from the "Administrative Procedure Law," the old law process run unmodified in front of the administrative reconsideration organ in order to avoid becoming the accused,often adopted an evasive attitude on reconsideration, causing most cases of administrative reconsideration organ to maintain the original administrative act closed,so our annual administrative review to maintain at a high rate, but also greatly reduces the administrative counterpart to resolve administrative disputes enthusiasm by way of application for administrative reconsideration. Thus, in order to promote reconsideration organs conscientiously perform their duties of reconsideration,administrative reconsideration system designed from the beginning to achieve proper function, the new law on political qualifications defendant lawsuits amended. Which is defined through lawsuits reconsideration, the organ if made to maintain the original administrative act reconsideration decision, then make a reconsideration organ reconsideration decision and make the original administrative act of an administrative organ must participate in the proceedings as a co-defendant, compared to before the old law reconsideration organ only changing the original administrative act under the circumstances provided for the accused, greatly increasing the probability of reconsideration organ for the defendant. However, with the deepening of theadministrative reconsideration, administrative litigation after losing issue for reconsideration agency and make the original administrative act legal responsibility of the executive to assume the existing laws and regulations, its provisions are too general rough, concrete accountability system still gaps, which leads to the administrative Procedure Law of the defendant qualification of the system design is still faced with high maintenance administrative review this situation. In particular,the administrative reconsideration organ and made the original administrative act of an administrative organ as a co-defendant in the litigation law differs from the general co-defendants, which makes reconsideration of administrative litigation cases by co-defendant as a unique legal phenomenon, the two studies with the system of accountability among its own independent value and practical significance.In this paper, I use the method of theoretical analysis, empirical analysis and so forth in the following sections. The first part describes the basic theory of the case for reconsideration by the co-defendants of liability, the clear definition of the concept is the prerequisite and basis for related research. The second part is the status quo on the practice of administrative reconsideration, in the form of various illegal types that the original act and act of reconsideration may have, identify problems in specific carding process and related administrative liability authorities to demonstrate. The third part is for administrative reconsideration by the co-defendant lawsuits against legal liability system construction. This part is the combination of theoretical analysis of the first two parts, the status quo practices, combined with China’s administrative organs and foreign legal liability theory constitute differences reconsideration organ and made the division of responsibility between the executive authority which administrative acts and related accountability system, filling the gaps in the system, to further standardize the administrative review process for reconsideration behavior so that the administrative review system could play its proper function and utility.