Research On The Operation Mode Of China’s Administrative Reconsideration Organs

Administrative reconsideration is an administrative act in which an administrative organ and its counterparty resolve disputes,supervise the timely correction of errors by administrative organs,and remedy rights in administrative disputes.With the enhancement of the awareness of the rights of administrative counterparties,a large number of administrative cases are pending the handling of administrative reconsideration organs,which puts forward new requirements for reconsideration organs to effectively resolve administrative disputes.In the process of reforming the administrative reconsideration system,China has established a parallel operation mode of the administrative reconsideration committee and the administrative reconsideration bureau in which counterparties seek rights remedies.The two modes of operation have the legal significance of resolving administrative disputes,supervising the correct exercise of administrative power by administrative organs,and safeguarding the legitimate rights and interests of administrative counterparts.However,the current operation status shows that the current reconsideration system is not yet perfect,coupled with the large economic and cultural differences between regions,so the reconsideration organs under the two operating modes cannot meet the relief needs of administrative rights holders,and studying the advantages and disadvantages of the two operating modes will have guiding significance for the establishment and improvement of the operation mode of the reconsideration organs.Based on the summary of the operation status of the two modes,this paper compares and analyzes,and then points out the existing problems of the two modes and puts forward suggestions for improvement.The main body of this article is divided into four parts: the first part is an overview of the relevant theories of China’s administrative reconsideration organs.It mainly includes the research status,development history,and latest operation mode presented after the practice and innovation of the nature and function positioning of the administrative review body.The second part is the analysis and elaboration of the current status of the two operating modes in China.This paper summarizes the current operation status by statistically collating data,and then analyzes the difficulties and dilemmas in the reform practice of China’s administrative reconsi deration organs.The main contents include: first,the changes in the reform system of the administrative reconsideration organ and the changes in the results of the reconsideration before and after the reform;Second,in the data analysis,by comparing the results of the review before and after the reform of the Administrative Review Advisory Committee and the Resolution Committee,it is n ecessary to explore which functions are more suitable for the development of the Review Committee.Third,under the same results,the merit-based functional model was compared and analyzed with the Administrative Review Board,an d the advantages and disadvantages of the two models were observed.The third part is to analyze the problems and causes of the operation mode.The reasons such as the difference in functional positioning under the two modes,the legal basis of the operation mode,the independence of the reconsideration organ and the fairness of the reconsideration decision are analyzed one by one,and the trend of changes before and after the reform of the reconsideration organ and the direction that needs to be improved urgently in the future are summarized.The fourth part is to put forward targeted suggestions on how to improve the operation mode of the reconsideration body.It mainly carries out reasoning from the aspects of legal regulation,the establishment of reconsideration organs,the training of reconsideration personnel,and the innovation of work methods.