Administrative Reconsideration Judicialization: Theory, Practice, and Reform

Author: Zhou Hanhua
Publisher:
Publish Date: 2005-04-01
Features: The practice of China's administrative reconsideration system faces many profound contradictions and issues, and it is not an exaggeration to say it is in a state of. The Administrative Reconsideration Law goes against the trend of dispute resolution systems in contemporary countries, deliberately positioning the administrative reconsideration system as an internal supervisory mechanism of administrative organs and avoiding judicialization, which is the root of the problem. Reforming the administrative reconsideration system must start from judicialization. The judicialization of the administrative reconsideration system does not mean blindly copying judicial procedures or implementing a "one-size-fits-all" approach. Instead, it involves maintaining the efficiency advantages of resolving administrative disputes through administrative means while introducing as much independence and fairness as possible from judicial procedures. Based on multiple criteria such as the specific field of administration and the nature of rights affected by the parties, the system should be classified and designed to achieve a balance between fairness and efficiency, thereby maximizing the protection of the legitimate rights and interests of citizens and organizations.