The Improvement Of The Administrative Review Committee System

With the continuous development of economy and the deepening of the administrative system reform,the shortcomings of administrative review system gradually emerged.Judging from the number of cases received,the efficiency of review and the maintenance rate,administrative review has no obvious advantage over administrative litigation.The credibility of administrative review is not high,its role has not been fully played.Although there are other reasons for the emergence of the present situation of administrative review,but the primary cause is the defect of the system itself.The essential reason for the failure of the administrative review system is that the functional positioning of the administrative review is wrong.It directly represents that the review organization is short of independence and its staffs lack of professionalism.Therefore,it is imperative for us to reform the administrative review organization.In 2008,the State Council promulgated the Notice on Carrying Out the Pilot Work of the Administrative Review Committee in Some Provinces and Municipalities.The Notice requires to gather the existing review resources,improve its credibility from the professional and independent aspects,and highlight the efficiency of the administrative review.And establish the administrative review committee that can improve the status of administrative review and take full advantages of the administrative review it should have.The pilot units undertook and explored the mode of the administrative review committee actively.There are three characteristics on the performance of the pilot unites:Firstly,optimize review resources.The administrative review committee was set up in the people’s government.And the cases of administrative review,that should be heard by the people’s government at the same level and the functional departments of the upper-level people’s government according to law,shall be heard by the administrative review committee.Secondly,bringing in the the experts and scholars in various fields of society to participate in the hearing of cases as the external members,which greatly improves the independence of review organization and the professionalism of the review committee members.Thirdly,prioritize the cases.Different cases should be treated in different ways in order to embody the efficiency of the administrative review.The pilot work on administrative review committee set off a hot trend and hot debate in our country.There is no doubt that the reform of the review organization has achieved some success.However,there are also some problems to be resolved.Based on the actual situation in our country,this article analyzes the implementation of the administrative review committee.In addition,this article analyzes the problems in the trial of the administrative review committee and puts forward some suggestions about how to resolve these problems in the experimental period,especially focusing on the establishment of the administrative review organization and the composition of the review staffs.In terms of the establishment of the administrative review committee,some pilot units cannot correctly distinguish the functions of the legal agency,the review committee and the office of review committee,nor can they take into account the relationship between the upper and lower levels of review committee.In terms of the composition of the review staffs,it is not feasible for the social experts and scholars to be part-timers of the review committee,nor can it fundamentally improve the independence and professionalism of the review staffs.We are not short of review staffs.It is just unreasonable for the distribution of review staffs.So what we need to do is training full-timers of administrative review.By drawing lessons from the foreign advanced experience,this article puts forward advice on improving the administrative review committee system in our country,which is against the problems during the pilot period.As for the construction of review organization,we should pull review resources apart from the public security and tax organs in order to ensure the efficiency of the administrative review.Establish the administrative review committee as the core of review organization in the people’s government,and establish the office of review committee as the daily office in the review committee.Focusing on strengthening the independence of the review committee:firstly,the committee is independent of legal agency.Secondly,it is relatively independent of the review organ and exercises the substantial review right,and the people’s government shall affix the official seal on the written decision of review and execute it.In addition,the review committee shall be administrative primarily and be judicial secondly.Therefore,the relationship between the upper and lower review committee shall still be leading and being led.Even so,the superior leadership does not affect the credibility of administrative review.As for the composition of the committee staffs,we shall distinguish the members of review committee and the office’s.Clear the job requirements of the both and establish a professional team of administrative review.As for responsibility,we shall comply with the principle that power is consistent with liability.We shall build the responsibility system that the committee and major committee member shall be responsible for the review decisions,rather than the head of people’s government.