Research on the Application of the Decision System for Changes in the New Administrative Reconsideration Law
DOI:
https://doi.org/10.6918/IJOSSER.202506_8(6).0022Keywords:
Administrative litigation, Administrative reconsideration, Change decision, Substantive resolution of administrative disputes.Abstract
The newly revised Administrative Reconsideration Law officially came into effect on January 1st this year, providing legal support for the main channel of administrative reconsideration to resolve administrative disputes. The substantive resolution of administrative disputes is the logical starting point for the amendment of the Administrative Reconsideration Law, and the decision to change administrative reconsideration is of great significance for achieving substantive resolution of administrative disputes. The change decision is the most important form of substantive resolution of administrative disputes through administrative reconsideration. The new Administrative Reconsideration Law stipulates three types of administrative reconsideration change decisions: "inappropriate content correction type", "incorrect application of basis correction type", and "unclear facts and insufficient evidence correction type", and improves the prohibition of adverse changes. However, there are still many issues with the provisions of the new Administrative Reconsideration Law regarding changes in administrative reconsideration decisions, which need to be further improved. At the same time, it is necessary to establish and improve relevant supporting systems.
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[1] Li,Y. On the change decision of administrative reconsideration from the perspective of substantive resolution of administrative disputes[J]. China Legal Review,2023(05):217-226.
[2] Ma,X. Application of administrative reconsideration change decision[J].Chinese Lawyer, 2024 (04): 81-82.
[3] Fan,W.The effectiveness of changing decisions and administrative reconsideration laws[J].Political and Legal Forum,2010(02):161-162.
[4] Zhang,Y.Administrative reconsideration law[M].Beijing:China Legal Publishing House,2007:441-442.
[5] Ma,H.Institutional innovation of the main channel for resolving administrative disputes - interpretation of the revision of the administrative reconsideration law [J]. Law Review, 2024 (02): 2-3.
[6] Niu,Y.Substantive resolution of administrative disputes from the perspective of the connection between administrative reconsideration and administrative litigation [J]. Journal of Soochow University (Philosophy and Social Sciences Edition), 2022(06):98-99.
[7] Liu,J.Appeal decision[J].Yuedan Law Classroom,2013(05):46-47.
[8] Wang,W.Revision and improvement of the administrative reconsideration law[J].Legal Research, 2019(05): 114-115.
[9] Zhang,S.The practical dilemma of the supervision and error correction function of the administrative reconsideration system: an analysis based on relevant experience materials [J]. Research on Administrative Law, 2021(03):91-104.
[10] Huang,X.The change decision and its improvement in the new administrative reconsideration law [J]. Law Review,2024(01):146-147.
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