On the Institutional Positioning and Theoretical Basis of Administrative Reconsideration as the "Main Channel for Resolving Administrative Disputes"
Year: 2024
Type: article
Abstract: This article discusses the institutional positioning and theoretical dependence of administrative reconsideration as "the main channel of administrative disputes". With the promotion of the construction of the rule of law government in my country, the administrative reconsideration system has transformed from the internal supervision system to the administrative dispute solution mechanism, and its importance is prominent. From January 1, 2024, the newly implemented revision of the Administrative Review Law clearly clarified the role of administrative reconsideration as the main channel of administrative disputes, and provided legal support for the high -quality development of administrative reconsideration. However, the administrative reconsideration system still faces difficulties such as inaccurate functional positioning, small number of cases, confirmation of subject qualification confirmation and incomplete evidence system. The causes of these dilemma involve the administrative reconsideration agencies and institutional levels, the scope of the case, and the choice of multiple solutions. In order to solve these problems, this article analyzes the effects of some judicialization of administrative reconsideration, the unique advantages of administrative reconsideration, the significance of the dual defendant system, and the administrative reconsideration decision to be forced to enforce the mechanism. By optimizing the administrative reconsideration system, effectively changing the existing disputes, improving the overall effectiveness of administrative disputes, enhancing the public's trust in the administrative reconsideration system, and then promoting the in -depth development of the construction of the rule of law government. The research of this article is of great significance for enriching theoretical research and optimization of administrative dispute resolution mechanisms.
Author: Mingru Song
Institution: Dalian Maritime University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405333472