Research On The Connection Between Petition And Administrative Reconsideration

In our country the petition and administrative review is to solve administrative disputes,both in reality but play different roles,China’s administrative reconsideration is legal relief system,but the petition is complementary relief system,the current situation is both convergence there are a lot of problems that convergence channels is not smooth.This article uses the comparative analysis and the case analysis method to carry on the research to both.The first chapter is a brief analysis of the scope of acceptance,acceptance conditions,handling procedures,the effectiveness of the program.Specific analysis of the reality of the practice,found that the occurrence of the two are generally the parties start,the purpose of the two are in order to safeguard the legitimate rights and interests of the masses,the maintenance of social harmony and stability.The difference between the two is that the scope of the case,the handling procedures are significantly different.First of all,this paper mainly discusses the basic situation of the connection between the petition and the administrative reconsideration,and introduces the status quo of the legislation and the practice of the two.Lack of the legislation status of key problems for convergence,analysis of the convergence is not smooth,the main reason lies,the reconsideration of the scope is too strict,too narrow,and petition by scope is too broad,both formed contrast,also caused both convergence is not smooth and some of the drawbacks.Secondly,this paper focuses on solve main problems existing in the petition and administrative reconsideration,of both in the real life of mutual cross and blind area was discussed in detail,and the height are summarized and,given their point of view.Finally for the petition and administrative reconsideration cohesion perfect forward rationalization proposals,from five aspects of the legislation,linkage mechanism,accurate positioning,sequence,shunt mechanism of idea,hope for two more scientific,reasonable and effective convergence.