Dualistic Reconstruction of the Precedence of Administrative Reconsideration under the Threshold of Substantive Resolution of Administrative Disputes
The concept of"substantive resolution of administrative disputes"should be implemented in the operation of the system of administrative reconsideration precedence.This is mainly reflected in the standardisation of the expansion of the scope of administrative reconsideration and the settlement of disputes in administrative reconsideration cases.At present,China's administrative reconsideration prior to the relevant laws and norms exists excessive decentralisation of setting authority,serious tendency of departmentalism,inherent system disorders and other problems.Therefore,the level of norms for the setting of administrative reconsideration should be limited,and only the law should be allowed to set the administrative reconsideration.Specifically,at the level of procedural law,there is a need for the Administrative Reconsideration Law to set substantive standards for professionalisation,procedural expediency and the retention of significant interests prior to administrative reconsideration.At the level of substantive law,specific provisions for administrative reconsideration situations are made in other separate laws.It should fulfil the limiting role of the Supreme People's Court's judicial interpretations and typical cases.The legislature should also amend and repeal some of the existing administrative reconsideration normative provisions in due course to prevent the unlimited expansion of the scope of the reconsideration front.
substantive resolution of administrative disputesadministrative reconsiderationlimited preliminariessubstantive criteria
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