On the Improvement of the Administrative Reconsideration Committee System of China: From the Quasi-judicial Perspective

Abstract

In China, the citizens can get administrative remedies through the administrative reconsideration, administrative litigation and complaint letters and visits. Compared with the lawsuits, the administrative reconsideration system as a most important way of the remedies is convenient, effective and free. Compared with the complaint letters or visits, the administrative reconsideration also has the guarantee of a legal procedure. However, in real life, the phenomenon is “Many people like the complaint letters and visits, some people like the lawsuits and a few people like the reconsideration.” So the administrative reconsideration system does not give full play to its advantage, and the key reason is that the administrative reconsideration system tends to have the more administrative character in our nation, contrary to the international trend of approaching the more judicial reconsideration, so that the credibility of the administrative reconsideration has been questioned, and citizens are not willing to settle disputes through the administrative reconsideration. In order to solve these problems, the author puts forward suggestions on improving our nation’s administrative reconsideration system in the background of the quasi-judicial system of the administrative reconsideration.