Research On The Institutional Connection Between Administrative Petitions And Administrative Reconsideratio

The administrative review is one of the legal administrative remedy systems in our country,and it plays an important role in solving the administrative disputes.However,since the emergence of letters and visits,there have been some problems such as the law of distrust of letters and visits,the diversification of letters and visits problems,and the diversification of letters and visits forms,which make the situation of "big letters and visits,litigation and small reconsideration" gradually emerge in the settlement of administrative disputes.The legal administrative relief system can not play the expected effect,and the realistic dilemma situation of "big petition,middle lawsuit and small reconsideration" forces the system reform.When improving the relevant systems of the two laws of petition and administrative reconsideration,the system positioning should be re-examined,starting from the advantages of the system,so as to protect the legitimate rights and interests of the complainants(administrative counterparts)and maintain the social order.Bringing letters and visits into the track of the rule of law is the premise and basis of constructing the system connection between administrative letters and visits and administrative reconsideration,and it is also an inevitable requirement to promote the substantive settlement of administrative disputes.The framework of this paper is divided into three parts.In the first part,starting with the concepts of administrative petition and administrative reconsideration at home and abroad,the historical origin is briefly expounded.Through the analysis of relevant concepts and historical origins,the legal basis of cohesion is drawn out,and the concept of "cohesion" is defined.This paper summarizes the system connection between administrative petition and administrative reconsideration into functional connection,procedural connection and legislative connection,and discusses the possibility and theoretical basis of the system connection between administrative petition and administrative reconsideration.The second part shows the current status of our country’s cohesion through cases and summarizes that the main problems of the current cohesion are unclear function positioning,poor procedures and disconnection of legislation.In view of the need of the connection between the two systems in theory and practice,the third part puts forward the following amendment ideas on the current situation and problems of the connection: First,the perfect choice of the functional connection between administrative letters and visits and administrative reconsideration.Pay attention to the diversification of functions,clarify the relief function of administrative reconsideration system,strengthen the supervision function of petition;The second is the perfect idea of administrative petition and administrative reconsideration in the connection of procedures.Optimize the design of the two systems in the acceptance,handling and decision of litigation-related and law-related petition cases,and do a good job in the procedure docking of the two systems;The third is the suggestion of legislative convergence between administrative petition and administrative reconsideration system.It emphasizes the convergence of the content and application of legal provisions between petitioning and administrative reconsideration,and promotes the perfection of the two systems in the legislative system jointly.In addition,considering the current legislative situation,the supervision of the relevant convergence process cannot be ignored.