Institutional and Jurisdictional Issues in Administrative Reconsideration

Editor's note: The administrative reconsideration system is an important aspect of administrative law, handling cases in which people who are dissatisfied with the administration of a matter, an administrative penalty, or other administrative decisions make an appeal to the original decision-making organ or its next highest organ. At present, this system is still at the beginning stage, and its theory has not yet been formed into a system. Our administrative law experts, Professor Ying Songnian and Comrade Dong Hao, coauthored this article after writing their articles "Research on the Scope of Administrative Reconsideration" and "Research on the Applicable Laws in Administrative Reconsideration." This article explores in-depth the issue of how to set up reconsideration organs, clarify jurisdiction, provide full-time personnel, and conduct reconsideration in accordance with administrative reconsideration procedures. The basic question in the research on administrative reconsideration is to solve the problem in the prelitigation trial stage and integrate with the Administrative Litigation Law. This will be conducive to improving our administrative law system.