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Administrative review system and its reform movements in Japan

Author: WenLiang
Tutor: WangTianHua
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative reconsideration Chief refuses to accept the review Administrative reconsideration of Justice of Reform
CLC: DD912.1
Type: Master's thesis
Year: 2007
Downloads: 254
Quote: 0
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Abstract


The administrative reconsideration is to prevent and correct illegal or improper specific administrative act, to protect and monitor the executive duties according to law, the protection of citizens, legal persons and other organizations, the legitimate rights and interests of an important way. Of the administrative reconsideration system established since, to some extent in terms of settlement of administrative disputes, to resolve social disputes and contradictions play a positive role. However, because the administrative reconsideration system itself, there are still some shortcomings in the supervisory power of the configuration and programming, resulting in a series of constraints in this system the effective functioning of the problem. For example: the function of the administrative reconsideration system to some extent, is also difficult to play; administrative reconsideration institutions is not uniform, not independent; too administrative administrative review procedures; reconsideration and litigation convergence of the poor; administrative reconsideration can only play on some abstract administrative acts limited supervisory role. The existence of the above issues, had a serious negative impact on the practice of administrative reconsideration. To solve these problems more effectively play the role of the administrative reconsideration system, we should be deep-seated reasons behind the in-depth analysis of system defects, and actively draw on the basis of foreign experience and practices, the current administrative review system to make the necessary adjustments and improve the . In this context, the subject of the administrative reconsideration justice \Jurisprudence is generally believed that procedural justice is an important guarantee of substantive justice. Rationalization of the procedures is an important prerequisite for effective operation. In this sense, to explore the subject of the administrative reconsideration justice \Some scholars believe that the administrative reconsideration judicial \combined to maximize protection of the legitimate rights and interests of the public. For this view, the domestic administrative law scholars opinion is not entirely consistent. , \Explore an adaptation of China's socialist administrative reconsideration of the rule of law process of judicial reform road perspective turned to the world is relatively successful administrative review system, hoping to learn its beneficial practices through the study of the Japanese situation, more good to find the specific path of reform of the administrative reconsideration system. In Japan, the administrative reconsideration system known as \In this paper, the study found that the administrative reconsideration system in Japan has the following advantages: First, the administrative reconsideration clear purpose, a wide scope of accepting cases; administrative remedy program is easy and quick; three to quasi-judicial administrative review system; four focus on system improvement; five require high quality of employees. At present, subject to administrative review system in Japan the impact of judicial reform, administrative restrictions on private-sector activity slowed down. With the reforms, the administrative means to change, the importance of ex post facto review is widely recognized. In addition, the amendment to the Administrative Procedure Act \In China, the Administrative Review Law \the need for the program. Second, the administrative reconsideration not only to review the legality of the review the reasonableness of the natural basis for the applicable range is broader. The executive leadership based on the experience and judgment in its administrative authority for the understanding and grasp of the administrative policies that have comparative advantages. Third, the administrative reconsideration activities to ensure a certain degree of administrative efficiency, in line with the basic value orientation of the administrative work, namely, the pursuit of giving priority to efficiency, reflecting the \Throughout our administrative reconsideration legislation, however, so far, the defect caused by absence of justice is carried out of many: If the reconsideration organ to the relative lack of independence; review procedures are not standardized, and the lack of maneuverability; review a written review of the case to a lack of transparency, The impartiality vulnerable to doubt, authority is not. By comparison, it can be seen that Sino-Japanese administrative dispute resolution mechanism is different, but the best way is to make every effort to pursue the organic integration of administrative and judicial, in order to achieve \The purpose of our review system can try to proceed in this way from the Jurisdiction, to ensure the efficiency of the administrative review system at the same time, fully embodies the independence and fairness of the administrative reconsideration system. On judicial reform in the administrative reconsideration system can select the mode of both equity and efficiency, fully embodies the characteristics and style of both fairness and efficiency of both the administrative reconsideration system legislation. In this way, through the organic integration of administrative and judicial levels of the existing system to improve and supplement. Learn from Japan's experience in legislation and reform of the administrative reconsideration system, I suggest that you can try some judicial reform, and at the same time do a good job of supporting reform in the institutional setup, staffing and other aspects of the administrative reconsideration system. Include the following: First, set a relatively unified, independent and specialized administrative reconsideration institutions; is to modify the relevant content of the Administrative Review Law, and to increase the fairness of the administrative reconsideration, strengthen and refine the written review, public hearing, investigation of proof content; The third is to expand the scope of accepting cases of administrative reconsideration; improve the efficiency of administrative and judicial; and five is the establishment and improvement of the lawyers involved in the administrative reconsideration system, additional reconsideration of oversight bodies; six in the promotion of judicial reform to be taken to avoid loss of the cost of administrative reconsideration low, simple procedures, closing rapidly, and high efficiency.

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