The Justification and Perfection of the Preliminary Handling Mechanism in the Administrative Reconsideration
Article 32 of the Administrative Reconsideration Law(2023)establishes an administrative preliminary handling mechanism.Its attribute is administrative justice,which is the substantive resolution of administrative disputes within the administrative system and a new manifestation of the judicialization of administrative reconsideration.The practical approach of this mechanism is the reconciliation between administrative agencies and administrative counterparts,including two types:process based reconciliation and settlement as a means of closing cases.The diversified dispute resolution under national governance is the conceptual foundation of the judicialization of administrative reconsideration in the new era.Under its guidance,the function of administrative first handling should be positioned as front-end diversion,and the normative requirement is that the original administrative agency has the obligation to resolve administrative disputes in the initial stage.In order to ensure that the function of administrative pre processing can be better utilized,the revision of the Implementation Regulations of the Administrative Reconsideration Law needs to be improved in three aspects:the connection between the pre-and post procedures,the selection of procedural modes,and the diversification of conclusions.Future research should focus on refining the constituent elements,strengthening the connection of reconsideration procedures,and evaluating the implementation effects.
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维普
