On the Institutional Dilemma and Practical Progress of the Advisory Administrative Review Committee——Taking the Working Rules of the Administrative Review Committee(Draft for Opinion)as an Example
Paragraph 3 of Article 11 of the Working Rules of the Administrative Review Committee(Draft for Opinion),which was published on the official website of the Ministry of Justice on March 12,2024,stipulates that members of the Administrative Review Committee enjoy the right to give advisory opinions on relevant administrative review cases and to make suggestions and recommendations on related matters.However,the advisory opinion of the advisory administrative review committee is only a reference for the administrative review organ to make a review decision,and there is no legal compulsion to ensure that the correct advisory opinion is really implemented;absorbing the expert members to participate in the administrative review to a certain extent promotes the fairness of the result of the administrative review,however,the ambiguous provisions on the lower limit of the number of the expert members to participate in the case will The fairness of the results of administrative reconsideration will be compromised;the scope of the administrative reconsideration committee is too general,which is not conducive to the protection of the rights of the applicant for administrative reconsideration.We analyze the practical way forward from ensuring the authority of the opinion of the advisory administrative review committee,expanding the number of expert members to participate in individual cases,and clarifying the scope of cases accepted by the administrative review committee.
advisory administrative review boardadvisory opinionexpert memberscope of cases
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