The rights of the citizen can be due to differences in the causes and damage to the judicial system set up rescue response. When this kind of damage from the authorities of the administrative action, in addition to the judicial way, citizens can also through the method of administrative reconsideration to seek relief. The administrative reconsideration system and implement a perfect level consequences of reaction... The level of the rule of law countries. South Korea's administrative reconsideration system from 1951 the "administrative appeal law" set up, it has been more than half a century. No matter from the administrative reconsideration organ is still designated system, South Korea's administrative reconsideration system gradually and perfect system, and formed its own characteristics. Even if the predicament, in some of the more advanced with rail system, Han industry law academic scholars also stop comment debate, and the pursuit of all kinds of useful plans to improve and perfect the Korean current administrative reconsideration system. This paper in the rail system to introduce Korean administrative reconsideration of the basic content and important after South Korea administrative law scholars the enthusiasm comment debate with some rail system has carried on the introduction and analysis, presents itself indecent point or suggestions. Also wish through the writing of this article, to promote administrative reconsideration of South Korea and China rail system research, even all the administrative law research and exchange in-depth, to better to perfect their administrative reconsideration rail supply system some useless reference or sponsor. In addition to become a guide, a total of four chapters. The introduction briefly introduces the significance and goal of the Department, this paper studies the Korean administrative reconsideration system in the key and difficult basic situation, South Korea and Chinese research are discussed, and the research methods. The other four chapters focus on and elaborated the administrative reconsideration system in general practice, with the system of content, comparative research and existing problems and improvement. Specifically: first chapter is rail system for administrative reconsideration of South Korea in general assessment, contains the meaning of administrative reconsideration, important characteristics, and administrative litigation and administrative compensation rail system discrimination and double attribute of justice, institutional effect, and South Korea administrative reconsideration system history evolution and so on. Administrative reconsideration in South Korea called "administrative hearing", in view of the habit of Chinese scholars to the title, wood paper with an application for administrative reconsideration word. Although the title of the differences, and son Han students and detail to identify the meaning of nature and the situation of administrative trial, both have access to is a rail system, that is, refers to when the citizen rights and interests by state administrative organs of administrative actions that harm may citizens of administrative action refuses to accept the inch, citizens to the relevant administrative organs pursuit rescue of a rail system. The differences in the administrative reconsideration appeal and petition system etc., although many similar places exist between them. The administrative reconsideration and the administrative litigation and administrative compensation system damage and there are also many differences, although they have no rights to supply xing rescue and cover effect. The administrative reconsideration system has double attributes: judicial administrative action attribute and attribute as the power of French rescue. But the basic property is still administrative, which still belongs to the administrative area for ding. South Korea's administrative reconsideration system also contains important function of civil rights relief and supply administrative organs of self monitoring and restraint. South Korea the current administrative reconsideration law starting in 1951 "administrative appeal law", after experienced several amendments, has formed a more sound and perfect the administrative reconsideration system. The second chapter of Korean administrative reconsideration organ setting and detailed system content of a more detailed discussion. The administrative reconsideration institutions set up administrative reconsideration functions of professional and specialized performance. In institutional settings, South Korea is through the implementation of the administrative reconsideration organs and organs respectively the system of judgment. Among them, the administrative reconsideration committee as the case through, and then by the committee through the administrative reconsideration department according to the judgment after all judgment. Prime Minister of the administrative reconsideration committee as touch center administrative organs and served as the administrative reconsideration cases throughout the separation with city, the administrative reconsideration committee as touch the local administrative organs and served as the administrative reconsideration cases. In addition, according to other legal provisions also has some special administrative reconsideration committee, such as tax, charter school and hospital reconsideration reconsideration land expropriation Commission etc.. Generally speaking, the administrative reconsideration request people to the original penalty authority made a request for administrative reconsideration, claimant to write their own views, and then sent to the administrative reconsideration commission to stop after agreed, initially by the original punishment organ of the lower administrative organ (or the central administrative organ itself in accordance with according to the administrative reconsideration committee after an agreed outcome made after the decision. This is the administrative reconsideration of administrative reconsideration law stipulated the basic program of South korea. Of course, there are still teaching system, from the system and the taking of evidence system in this process. In addition to the below mentioned administrative reconsideration basic rail system, Han the quintessence of Chinese culture also in administrative reconsideration not tell ignore principles, system stop benefits change principle, and fulfill always check rail system to stop the debate comments. This paper also expounds the principles and system, and put forward their own point of view and suggestions. South Korea "" administrative appeal law does not designate not to ignore the criterion. Follow the growth of Korean administrative reconsideration of theory in whether non-compliance told Science and the principle of performance input the positive and negative two indecent point. Later the administrative reconsideration law formally established the brotherhood of the principles of advertising, namely administrative review committee and the decision department to become a reconsideration request object of punishment or not as outside circumstances cannot stop after decision and agreed. The decision will make with the reconsideration organ shall not require punishment as the object of comparison, more small profit decision. This is to stop the unlucky Yi transformation in South Korea on the performance of the administrative reconsideration law. In addition, perform on the administrative reconsideration of the check system has been stopped the response paper, and put forward its own idea. The third chapter is the comparative study of the administrative reconsideration system. In this chapter, the important representative of the common law and civil law countries of the administrative reconsideration system assessment. In summing up their characteristics basically, this thesis proposes an improved system of Korean Nations administrative reconsideration administrative reconsideration system can be created or inspired. As in the Anglo American legal system of legal administrative strong referee compromise the French rail system of administrative reconsideration system in Korea perfect supply good inspiration. We set up the system of the French at the same time, to establish the value of french. The value of procedural justice emphasizes can fill the design with rail disadvantages to a large extent. Some details of the administrative reconsideration system in civil law can also be created for the improvement of the administrative reconsideration system in the supply of South korea. First, this chapter examines the administrative reconsideration system Chinese, and briefly compare the existing administrative reconsideration system both characteristics, improvement and back bias. In the following chapters, the fourth chapter stated basically, summarized and pointed out that the achievements of Korean administrative reconsideration rail system, contains the administrative reconsideration organ setting and detailed administrative reconsideration rail of the existence of the results. The South Korean foreign administrative reconsideration organ set on by organs and organs were decision approach is flawed. Abnormal with the administrative reconsideration committee also affects the case fair and useful trial will set the contract. In addition, the special administrative reconsideration organ is also response performance, such as special and special lack of. In this regard, can consider through the authority and judgment organs merge, perhaps in the two are basically to strengthen its relations, and the administrative reconsideration organ of the standing committee. The administrative reconsideration system and also exist many problems, such as too diverse special administrative reconsideration system of administrative reconsideration of the implementation of growth into operation, implement the responsibility system to ensure the lack of response decision etc.. This can be simplified or the same special administrative reconsideration system, establish a direct punishment or directly forced system to ensure the fulfillment of liability judgment. In addition, this paper also set up and perfect administrative reconsideration reconsideration rail system, administrative reconsideration information and adjust track system, etc. makes itself indecent and recommendations. For example, the administrative reconsideration and is on both sides of each of the parties negotiated consensus process, from the start and stop of the French settlement and the end of the three stage design of the system. Facing the administrative reconsideration system to adjust, can stop and design aspects of adjustment principle, utility scale and adjustment main sports organization form. 目录: |
