On The Model Construction Of Administrative Reconsideration Committee

Since the release of the "Notice on the Pilot Work of Administrative Reconsideration Committees in Certain Provinces and Municipalities" on September 16,2008,China’s administrative reconsideration system reform has kicked off.So far,the practice of administrative reconsideration committees in China has lasted 12 In the past few years,the "Administrative Reconsideration Law(Draft Opinions)" promulgated in 2020 clearly stipulated the relevant systems of the Administrative Reconsideration Committee,and provided a principled response to the controversial focus of the Administrative Reconsideration Committee,which served as the basis for the operation of the Administrative Reconsideration Committee in practice.It provides a clear legal basis and clarifies the relationship between the Administrative Reconsideration Committee as an advisory organization and the responsibility system with the chief executive.The author believes that the overall idea of the "Administrative Reconsideration Draft" is to improve the reconsideration procedure to ensure the fairness of the reconsideration,and Scholars advocated by improving the independence of administrative reconsideration committees to ensure the fairness of reconsiderations.Regarding the specific mode of operation of the administrative reconsideration committee,there is no uniform mode in practice in our country,and the official has not yet fully concluded the specific mode of the administrative reconsideration committee.In the author’s opinion,this round of administrative reconsideration system reform did not focus on the improvement of the administrative reconsideration committee.The specific operational effects of the administrative reconsideration committee need to be further explored in the future.For this reason,in this article,the author explores the practical effects of the administrative reconsideration committee in each pilot,and combines the problems in each pilot to put forward a personal and simple view for the future direction of the administrative reconsideration committee.This article analyzes the provisions of the "Administrative Reconsideration Law(Draft Opinion)" and the operational effects of the Administrative Reconsideration Committee in practice,and summarizes the specific practical models and existing problems since the pilot.At the same time,this article attempts to analyze the extraterritorial model for the existing shortcomings.In order to provide ideas for improvement,and finally combined with the regulations on administrative reconsideration committees in the newly promulgated "Administrative Reconsideration Law(Draft Opinions)",the idea of an administrative reconsideration committee model suitable for my country’s national conditions is proposed.