Research On The Substantive Resolution Of Administrative Disputes In Administrative Reconsideration

Since the Ministry of Justice released the Administrative Reconsideration Law(Revised)(Draft for Comments)on November 24,2020,the administrative law community has been focusing on issues related to administrative reconsideration.In addition,the State Council,in its "Outline for the Implementation of the Rule of Law Government(2021-2025)",has firmly stated that it will "improve the system of administrative prevention,mediation and resolution of social conflicts and disputes".In order to better respond to people’s rights and demands,administrative review organs should adapt to new situations and developments,and optimize their administrative review work.In the new era,it is the rightful duty of administrative review organs to enhance the ability of administrative disputes to be resolved in a substantive manner,and administrative review has a pivotal position in resolving social contradictions and disputes.The current Regulations for the Implementation of the Administrative Reconsideration Law of the People’s Republic of China are based on the theory of "administrative power cannot be arbitrarily disposed of" in administrative law,which has already made a breakthrough in practice.The latest Draft for Public Comments specifies that before an administrative reconsideration decision is made,the administrative reconsideration organ may conduct mediation in accordance with the principle of lawfulness and voluntariness,but shall not damage the national interest,social public interest and the legitimate rights and interests of others.Under this legislative trend,how to substantively resolve administrative disputes in administrative reconsideration.Firstly,it clarifies the connotation of substantive resolution of administrative disputes in administrative reconsideration,and clarifies the characteristics and necessity of substantive resolution of administrative disputes.Secondly,by reading a large amount of relevant literature,studying cases in practice and using methods such as combining theory and practice,this thesis analyzes seven cases involving substantive resolution of administrative disputes one by one with ten typical cases of administrative reconsideration issued in Jiangxi Province in 2022,summarizes the effective measures that can be taken in practice and proposes countermeasures to improve the substantive resolution of administrative disputes in administrative reconsideration,and through empirical analysis,settlement and mediation in the process of administrative reconsideration as the main way to substantively resolve administrative disputes,especially in the process of reconsideration can be increased through mediation,settlement and other non-confrontational ways of mediation of administrative disputes;adhere to the process of reconsideration by the reconsideration staff to explain the law,explain the laws and regulations and policies,reasoning so that the two sides of the administrative dispute from the heart to accept the final relevant sentence;through the reconsideration process,the reconsideration The authorities review the administrative act of the respondent,both the review of legality and the review of reasonableness,so that it can more comprehensively and deeply involved in the core of the administrative dispute.Only with a complete understanding of the case,it can better integrate administrative resources to solve administrative disputes in a targeted manner.Try to solve the real interests of the parties hidden behind the legal claims at one time;adhere to the integration of the responsibilities of the extension review organs,further extend the government review after the work of docking,as far as possible to properly solve the administrative relatives facing difficulties;truly achieve the substantive resolution of administrative disputes,and effectively protect the legitimate rights and interests of the people.Adopt an inclusive and prudent attitude to resolve administrative cases such as historical legacies.Thirdly,at present,China’s administrative reconsideration substantive resolution of administrative disputes faces four main problems that must be properly resolved: first,the scope of application of reconciliation and mediation in the substantive resolution of administrative disputes is too narrow;second,the lack of capacity in the substantive resolution of administrative disputes,especially the lack of professional capacity and the lack of reconsideration and mediation capacity;third,the lack of guidance system for mediation and reconciliation in the substantive resolution of administrative disputes;fourth,the lack of the interface system between administrative organs and other Fourth,the lack of articulation system between administrative organs and other organs.Finally,the above problems should be solved through four measures: expanding the scope of conciliation and mediation in administrative dispute resolution;optimizing the resources for administrative dispute resolution;constructing a guidance mechanism for conciliation and mediation in administrative reconsideration;and improving the interface system of administrative reconsideration organs +N.In the administrative reconsideration process,the substantive resolution of administrative disputes at the case level can be achieved,and at the level of the whole national society is to help the construction of the rule of law government and the rule of law state.