Research On The "Double Defendants" System Of Administrative Reconsideration

In 2015,the implementation of the new "Administrative Procedure Law" ushered in a new era of administrative trials in China.At the same time,the system of "double defendants" in administrative reconsideration was formally established.The main purpose of introducing this system is to improve the work efficiency and quality of administrative reconsideration agencies,and to improve the phenomenon of "extremely high reconsideration maintenance rate and low error correction rate" in the work of reconsideration agencies,so as to resolve administrative disputes in a more effective way.Since its implementation,this system has always been the focus of controversy in China’s administrative law field.Nowadays,the administrative reconsideration "double-defendant" system stipulated in the Administrative Procedure Law has been implemented for more than six years.The effectiveness of the implementation of the system can only be known through the summary,summary,and analysis of the of the data of administrative reconsideration practice.Through a comparative analysis of the ten-year practice data before and after the implementation of the "dual defendant" system,including the reconsideration maintenance rate,the reconsideration direct error correction rate,the administrative reconsideration,and the number of litigation cases,it is found that the legislator’s original legislative intention has not been fully realized.The effect of the "double-defendant" system in improving the abnormally high maintenance rate of administrative reconsideration is minimal,and new system problems have also been revealed.Through research on the nature and function of administrative reconsideration,it is of great significance to take administrative reconsideration as the main channel to resolve administrative disputes for the development and improvement of our country’s administrative remedy system.However,from a practical point of view,this system is not effective for better exerting administrative reconsideration in resolving disputes.From the perspective of legislative purposes,the "double-defendant" system of administrative reconsideration is obviously problem-oriented,and legislators start from pragmatism and focus on the effectiveness of the administrative reconsideration system.In recent years,the number of administrative disputes in China has been increasing,and it has gradually become more specialized and complicated.Traditional dispute resolution channels have become increasingly difficult to play their due role.The key to the reform of administrative reconsideration lies in the correct understanding of the nature and functions of administrative reconsideration in order to better improve the quality of administrative reconsideration work.