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On the convergence of the scope of administrative reconsideration and administrative litigation

Author: HeXiaoJia
Tutor: FuHua
School: University of Electronic Science and Technology
Course: Constitutional and Administrative Law
Keywords: Administrative reconsideration by the scope of the case Administrative litigation Convergence of the scope of the case
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 289
Quote: 3
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Abstract


The relationship of the executive power and judicial power is the core concern of the world administrative proceedings or judicial review. Administrative litigation and administrative reconsideration by the convergence of the scope of the case has been the focus of discussion of the theoretical circles. In China, the administrative reconsideration and administrative litigation, the scope of the case does not converge, performance of convergence is not fully and completely non-convergence of two situations. Administrative litigation and administrative reconsideration of the scope of the case this does not converge and nature identical cases cause the results of the administrative reconsideration or administrative proceedings completely different. This does not converge mainly as some cases can only enter the administrative reconsideration can not enter the administrative litigation, as well as the reconsideration select system purposes. This gap between the scope of the case and the right must be the relief of human rights viewpoints, at the same time showed the legal system is not uniform, but also show the status of legislation in China is lagging behind. By the convergence of the scope of the case has the need for administrative reconsideration and administrative litigation. This convergence is an inevitable requirement to achieve a unified system of administrative remedies, and the balance of powers and the protection of civil rights, but also China's accession to the WTO, the inevitable requirement of practice corresponding commitment. Convergence in administrative reconsideration and judicial review of today's developed countries and regions have in common, of course, combined with their respective national conditions, there are some differences. How to learn from countries mode based on the building in line with China's national conditions, convergence mode is the focus of this study and innovation. Learn from other countries and regions, ideological and economic basis of the development of market economy in China in 30 years, already has. I believe that should be exhausted administrative remedies, judicial final review of the \On the one hand to improve the neutrality and impartiality of the administrative reconsideration system and implement the reconsideration front \The other hand, to expand the scope of administrative litigation, to achieve both coherence on the scope of the case, in order to achieve the static convergence through Broad Form plus enumerated type to define the scope of the case of the administrative proceedings: reasonable review, administrative ultimately abstract administrative behavior of the ruling, non-legislative, defense, diplomatic behavior, administrative guidance behavior, the scope of the case included in the administrative proceedings of the executive authorities, personnel processing.

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