Study On The Litigation Status Of Administrative Reconsideration

Since the implementation of the Administrative Procedure Law in 1989,many legal experts and judicial judges have studied and explored the legal status of the administrative reconsideration organ in administrative litigation,and formed a unified view of "all","cancel","traditional two points","common defendant" model of four representative views.In 2014,the amended Administrative Procedure Law abandoned the original "traditional two points",and finally adopted the "common defendant" model.In the context of the new administrative litigation law of 2014,which has been practiced for nearly one year,the paper has regarded the status of litigation of the administrative reconsideration organ as a research topic,and has theoretical and practical significance.I think that the nature of administrative reconsideration and its functional orientation,should highlight the administrative reconsideration of the functions of administrative disputes.In the administrative litigation legal relationship,the vast majority of people think that the administrative reconsideration organs do not have the main qualifications of the plaintiff,at the same time in favor of the administrative reconsideration organs is entirely possible,or should be some administrative litigation cases of the defendant.This paper analyzes two examples of legislation of administrative reconsideration organ in China and the legislative motive in the background of specific times.It also introduces the confrontation of several different representative views.In the light of the practice of administrative trial,from the perspective of empirical research,the results,problems and new puzzles of the "common defendant " mode of the new administrative procedure law in 2014 were summarized and sorted out.The revision of the new co-defendant model in the new administrative procedure law in 2014 did not achieve the desired effect.On the basis of summarizing the advantages and disadvantages of the above theories and drawing lessons from other legislative thinking approaches,this paper proposes a new "mixed two-point theory" based on the specific types of administrative disputes and the types of plaintiff litigation requests.Its content has carried on the exposition and the prospect.