Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2022, Vol. 24 ›› Issue (6): 74-85.DOI: 10.11885/j.issn.1674-5094.2022.03.28.04

• POLITICS AND LAW • Previous Articles     Next Articles

Pilot Practice of Prepositioning of Administrative Reconsideration System

WANG Xuehui, TANG Chengyu   

  1. School of Administrative Law, Southwest University of Political Science and Law, Yubei Chongqing, 401120, China
  • Received:2022-03-28 Published:2022-12-29

Abstract: In recent years, appeals for resolving administrative disputes by means of administrative reconsideration is getting louder. But, due to the disadvantages of "different judgments in the same case" and the inability to guarantee neutrality in the practice of the administrative reconsideration system at earlier time, the credibility of the administrative reconsideration system is weakened. The essence of administrative dispute resolution through administrative reconsideration is the improvement of the administrative reconsideration system. The primary issue to be solved is to restore the credibility of the administrative reconsideration system, which can be done through pilot practice of prepositioning of reconsideration system.to promote the practice of the administrative reconsideration system. Considering the criteria of reconsideration system prepositioning and characteristics of administrative behaviors, we suggest experimenting prepositioning of reconsideration system in cases of government information disclosure, benefit-infringing and benefit-rendering administrative acts.

Key words: administrative dispute resolution, administrative reconsideration, prepositioning of administrative reconsideration, transition from administrative reconsideration to administrative procedure, administrative procedure

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