Research On Quasi-judicialization Of Administrative Reconsideration Committee

As a binary administrative dispute resolution mechanism in parallel with administrative litigation,administrative reconsideration is faced with some problems,such as excessive decentralization of reconsideration power,lack of professional reconsideration personnel,confusion in the allocation of reconsideration resources,lack of fairness in the results of reconsideration,which is mainly due to the lack of clear positioning of the function and nature of the administrative reconsideration system.In the past administrative reconsideration work,too much attention has been paid to the internal supervision function and administrative attribute of administrative reconsideration,so as to cover up the function of administrative reconsideration to resolve disputes,and to emphasize the judicial attribute of administrative reconsideration unilaterally,which leads to the increasing convergence with administrative litigation.In order to optimize the administrative reconsideration mechanism and overcome the above difficulties,China carried out the pilot work of the Administrative reconsideration Committee.The administrative reconsideration committee has achieved good results in resolving administrative disputes,improving the credibility of the results of reconsideration,promoting administrative reconsideration on the road of legalization and professionalization,but it has also leaked a series of problems in the pilot practice.For example,the lack of relative independence of the review committee,the lack of uniform staffing standards,the narrow scope of the case,and the gaps in the operating procedures have seriously restricted the development of the administrative review committee.It is urgent to construct the quasi-judicial system of the administrative reconsideration committee to perfect the administrative reconsideration system and make its function play effectively.This paper puts forward some constructive suggestions on the construction of quasi-judicialization of China’s Administrative Review Committee by analyzing the system of extra-territorial administrative reconsideration based on the national conditions.For example,the process of quasi-judicialization is promoted by guaranteeing the relative independence of the Administrative Review Committee;uniform criteria for staffing are defined by limiting the proportion of internal members and strict criteria for the selection of external members;the scope of cases is regulated by a combination of willing and negative enumeration;and,Through perfecting the administrative reconsideration committee trial procedure,make up the administrative reconsideration committee procedure operation blank question.