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On the administrative reconsideration system status quo, defects and improve the

Author: LiuXinPing
Tutor: WangChengDong
School: China University of Political Science
Course: Legal
Keywords: Administrative reconsideration Third Party System Status quo Defect Perfect
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 142
Quote: 1
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Abstract

Administrative reconsideration to the citizens, legal persons or other organizations believe that the administrative act of the executive to infringe upon their legitimate rights and interests according to law, the request for administrative reconsideration organ for administrative acts to review and respond to the legal system of the ruling, it is a modern country under the rule of law to resolve administrative disputes, protection of the clients legitimate rights and interests, promote administration according to law system of executive authorities. In a narrow sense, the parties to the administrative reconsideration includes only the applicant and the respondent; but generalized administrative reconsideration party, including in addition to the applicant and the third person. China's \The system of legislation of the third person, to avoid unnecessary duplication ', either to shorten the solution time of the administrative disputes, but also to reduce the cost of administrative reconsideration. Of the Administrative Review Law, however, the definition of a third person is not scientific enough, the relevant provisions of the more general, resulting in the practice of administrative reconsideration, reconsideration agencies notify the third person too freely to participate in the administrative reconsideration, the third person chosen to participate in the reconsideration The deadline is too free, the third person to participate in the administrative reconsideration institutions sometimes do not organize the hearing procedures such as random. The existence of these problems not only affect the play of administrative reconsideration, it also undermines the interests of a third person, which are contrary to legislative intent established by the third party system. Therefore, it is very necessary for the efficient settlement of administrative disputes, maintenance of administrative reconsideration of the value of base, improve the administrative reconsideration system. In this paper a combination of administrative reconsideration of theoretical studies and practical exposition is divided into three parts. The first part of the status of the administrative reconsideration system. Mainly elaborated the concept of administrative reconsideration, the theoretical basis of the third system, the third person's characteristics, classification and practice situation, the rights and obligations of a third person; The second part discusses the administrative reconsideration system in the Legislative defects. Reconsideration institution informs the third person to participate in the administrative reconsideration are elastic terms, did not distinguish between the case can be notified, what circumstances must be notified, the lack of mandatory must notify the third party in the administrative reconsideration; third person to participate in the administrative reconsideration also does not specify the time limit to the time limit and submit a written statement of advice; third party must be served by notice and does not require notice period is not included in the trial period; does not expressly require the administrative reconsideration decision must be served on a third party; involving a third party cases there is no clear requirement to hold a hearing; applicant applies for the withdrawal of the administrative reconsideration, if the case involves a third party, the law does not specify the reconsideration organ should be terminated for administrative reconsideration or does not permit the applicant to withdraw the reconsideration; third part, to clarify specific recommendations to improve the administrative reconsideration system. Redefine the concept of a third person, increasing the statutory classification of the third person, the establishment of the necessary third party and the ordinary third-person system, qualified third party in the administrative reconsideration deadline and submit a written statement of the views of the deadline, clearly defined during the announcement of the third person is not included in the trial period, served on the Legislative perfect third person, a third person must be a hearing system, the applicant withdraws the application for administrative reconsideration, and the third party does not agree to terminate the administrative review procedures, clearly defined reconsideration The authorities should continue to conduct the administrative review procedures.

On the administrative reconsideration system status quo, defects and improve the

Abstract

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