1. Introduction

On September 1, 2023, the newly revised "Administrative Review Law" was reviewed and approved, and it was formally implemented from January 1, 2024. It formally established administrative reconsideration through legislation as the main function of "the main channel role of resolving administrative disputes", and corrected the functional positioning of administrative reconsideration as one of the ways to solve administrative disputes, showing that administrative reconsideration was in the diversified resolution system of administrative disputes. Important position. The amendment of the "Administrative Review Law" is clear about its functions, which has gradually developed from scholars' views to legal norms, providing a more effective legal support for the main channel of administrative reconsideration [1]. The focus of resolving administrative disputes will gradually tend to administrative reconsideration. Not only that, the revision of the Administrative Review Law has improved the administrative reconsideration system and mechanism from many aspects, and promoted the development of administrative reconsideration towards more high quality development [2].

This article conducts research and analysis from the institutional positioning and theoretical rely on administrative reconsideration "resolving the main channel of administrative disputes". The theoretical significance lies in enriching the theoretical research of administrative reconsideration: administrative reconsideration as a new positioning of the main channel, cope with its theoretical foundation, institutional structure, implementation effectiveness, etc. In -depth research will help enrich the theoretical system of administrative reconsideration, and promote the in -depth development of the theoretical research of administrative reconsideration. The significance of practice is to optimize the authority and fairness of administrative dispute resolution and improve administrative reconsideration: the institutional positioning of administrative reconsideration can not only effectively change the dilemma of the existing "big petition, winning, and small reconsideration". By giving full play to administrative reconsideration fairness The institutional advantages of efficient and convenient for the people will resolve a large number of administrative disputes at the front end, reduce the pressure of courts and petition departments, and improve the overall effectiveness of administrative disputes. It can also be newly set up to set up an administrative reconsideration committee and strengthen the professionalization of administrative reconsideration personnel. Construction, etc., enhance the authoritative fairness of administrative reconsideration, and enhance the public's trust in the administrative reconsideration system.

2. Analysis of the current dilemma of administrative reconsideration system

The administrative reconsideration system, as an important mechanism for administrative agencies to resolve administrative disputes, plays an important role in maintaining social fairness and justice and promoting the correct implementation of laws. However, the administrative reconsideration system implemented at this stage still faces some dilemma, mainly including the following four aspects: the administrative reconsideration function positioning is inaccurate, the number of administrative reconsideration cases is small, the subject qualifications are confirmed, and the administrative reconsideration evidence system is not complete. Based on this, it is necessary to conduct a reasonable analysis of its dilemma.

2.1. The function of administrative reconsideration is not clearly defined

2.1.1. Judicialization of Administrative Reconsideration

From the perspective of the legislative purpose related to the administrative reconsideration law, its legislative description clearly emphasized that administrative reconsideration is a supervision system, but it also mentioned the attached functions such as rights relief. This expression has exacerbated the inaccurate positioning of administrative reconsideration function to a certain extent. On the one hand, it emphasizes the role of administrative reconsideration in internal supervision; on the other hand, it also implies the ability of administrative reconsideration in terms of rights relief, and the attached functions of the rights of rights process. This fuzzyness has not been fully clarified and clarified in legislation, which makes it difficult to accurately grasp the functional positioning of the administrative reconsideration system in the actual operation.

2.1.2. Administration of Administrative Reconsideration

The administrative reconsideration system is more inclined to self -supervision and correction within the administrative organs in terms of organizational structure, procedure rules, and decision effects, rather than the administrative characteristics of administrative agencies as the administrative agencies, instead of being independent of administrative agencies like judicial procedures. Including its organizational structure, administrative reconsideration agencies are usually inside the administrative organs, and their personnel establishment and funds are constrained by the administrative organs. In terms of procedure rules, although the administrative reconsideration procedure follows certain legal procedures, it is relative to judicial judicially. In terms of procedures, its procedure rules are simpler and flexible, and often have strong administrative colors; in terms of their decisions, the administrative reconsideration decision has a small effect, but even in some cases, even in some cases Administrative reconsideration decisions may also be supervised and reviewed by judicial procedures.

2.2. The number of administrative review cases is small

2.2.1. Policy orientation

The scope of the case of my country's administrative reconsideration law is basically the same as that of the administrative proceedings law, and it has excluded reconsideration of abstract administrative actions (such as administrative regulations and other regulatory documents). At the same time, internal administrative acts (such as administrative sanctions, personnel handling decisions, etc.) and some special administrative actions (such as administrative contract disputes) have not been clearly included in the scope of reconsideration. This relatively narrow scope of the case limits the role of administrative reconsideration system in solving administrative disputes, making it difficult for some administrative disputes to be resolved in a timely and effective approach through administrative reconsideration, thereby reducing the number of cases of administrative reconsideration. In addition, in terms of independence, administrative reconsideration agencies are usually affiliated to the administrative organs and lack independence. The reconsideration work is vulnerable to the will of the person in charge of the administrative organs. The non -independence set of such institutions may cause public doubts about the fairness and authority of administrative reconsideration, thereby reducing the application volume of administrative reconsideration.

2.2.2. People's Choice

In the administrative reconsideration procedure, the applicant (that is, the people) requires certain legal knowledge and experience, which may constitute some obstacles for some ordinary people. Not only that, the application conditions, processes and time limit for administrative reconsideration The masses do not know what they know, and some applicants may be discouraged, causing them to choose other more simple and direct ways to resolve disputes. Part of the reason for these phenomena is because of the lack of understanding of the administrative reconsideration system, and do not know how to protect their legitimate rights and interests through administrative reconsideration. At the same time, with the development of alternative dispute resolution mechanisms such as mediation and arbitration, it provides the people with more ways to solve administrative disputes. These mechanisms are often more flexible and convenient, and the cost is relatively low. The people who reconsidered indirectly led to a low number of cases.

2.3. There are doubts about the applicability of the subject qualification confirmation

2.3.1. Determination of the qualifications of the applicant for reconsideration

Article 28 (2) of the "Regulations on the Implementation of the Review Law" stipulates that one of the conditions for the reconsideration agency to accept the reconsideration application is "the favorable relationship between the applicant and the specific administrative behavior". What is the "favorable relationship" is different from its identification, and the identification of the interest relationship is the common condition for judging the qualifications of the applicant and the qualifications of the plaintiff of the administrative lawsuit [3]. The ambiguity of this identification directly led to the vagueness of the applicant's qualifications. Among them, the identification of the interest relationship is basically judged by the applicant's subjective judgment: According to the provisions of the Administrative Review Law, reconsideration applicants need to consider specific administrative acts to violate their legitimate rights and interests. The "consider" here is subjective, but it is difficult for applicants to accurately determine whether their rights and interests are infringed, or they cannot take legitimate measures to maintain administrative reconsideration even if they are infringed.

2.3.2. Determination of the qualifications of the respondent for reconsideration

Although the "Administrative Reconsideration Law" and the implementation regulations have clearly stipulated the qualifications of the respondent in reconsideration, in actual operation, these regulations may be too abstract or explained and widely limited. Different from people's qualifications. In administrative lawsuits, the identification of the defendant, division (that is, administrative behavior) and inaction (that is, do not perform legal duties), and different standards are applied to different standards. Different results of qualification identification.

2.3.3. Review whether the third party should join

During the administrative reconsideration, if the administrative reconsideration agency believes that citizens, legal persons, or other organizations other than applicants are favorable with the specific administrative behavior of being reviewed, they can notify it to participate in administrative reconsideration as a third party. At the same time, if a citizen, legal person, or other organizations other than applicants believe that they are favorable with the specific administrative behavior of the reviewed, they can also apply to the administrative reconsideration agency as a third party to participate in administrative reconsideration [4]. Its main purpose is to protect their legitimate rights and interests, participate in reconsideration as an independent identity, and do not depend on the applicant or the respondent.

2.4. Imperfect evidence system for administrative reconsideration

2.4.1. Limited time limit for handling cases

The reconsideration authority is required to complete a series of procedures for administrative recipients in a short period of time. This time pressure may cause the reconsideration authority to fully consider all the details and complexity of the case during the decision -making process, thereby reducing the quality of decision -making [5]. Judging from the parties to safeguard their legitimate rights and interests, if the period of handling the case is too short, the parties may not be able to fully express their opinions and demands, nor can they fully exercise their rights, thereby affecting the effective guarantee of its legitimate rights and interests.

2.4.2. Limitations of evidence collection

In the process of administrative reconsideration, applicants need to provide sufficient evidence to prove that the specific administrative behavior of the respondent violates its legitimate rights and interests. However, in the practice of the parties, due to the difficulty of evidence, the diversity of evidence, and the differences in evidence review standards, it may be difficult for applicants to determine the respondent and submit sufficient evidence, which directly leads to unclear determination of the case or insufficient evidence. , By affects the accuracy and justice of the decision of reconsideration.

3. Analysis of the causes of the dilemma of the administrative reconsideration system

Since its development, the administrative reconsideration system has encountered many difficulties. In order to facilitate its subsequent development and improvement, this article analyzes the causes of its difficulties: the causes of the difficulties of the administrative reconsideration system are multifaceted, including the administrative reconsideration agency and system level, the scope of cases accepted and the choice of multiple solutions. Based on this, this paragraph discusses these three aspects for a reasonable analysis.

3.1. Administrative reconsideration agencies and system level

3.1.1. Complicated case handling procedures

The trial process of administrative reconsiderations needs to follow strict legal procedures, including multiple links such as application, acceptance, investigation, trial, and decision. Each step needs to be strictly legal procedures to ensure its procedure justice. However, these standardized legal procedures are particularly cumbersome in complex cases. Not only does it consume a lot of time and energy of administrative organs, increase administrative costs, extend the case handling cycle, but also bring unnecessary burden to the parties, guarantee the rights and interests of the parties Caused a certain impact. At the same time, the current administrative reconsideration laws are not perfect in terms of evidence types and proof responsibilities, which have caused problems such as lack of evidence and unclear qualifications in the process of handling the case.

3.1.2. The overall professional quality of the staff needs to be improved

Persons engaged in administrative reconsideration not only require solid legal knowledge, but also have a high sense of responsibility, keen evidence insight, rigorous and meticulous logical ability, and good communication and coordination ability. However, the staff of the current reconsideration agencies are insufficient in legal literacy, business skills and service awareness. On the one hand, some staff do not understand the relevant laws and regulations, and it is difficult to accurately grasp the application of the cases, which leads to uneven quality of the determination of reconsideration. On the other hand, in the face of complex and changing cases and the demands of the parties, some staff lack the ability to strain and creative thinking, and it is difficult to handle the case efficiently and fairly. In addition, weak service awareness is also an important factor affecting the quality of reconsideration work. Some staff lack patience and meticulousness when dealing with cases, and failed to fully protect the legitimate rights and interests of the parties.

3.1.3. The overall professional quality of the staff needs to be improved

The independence and impartiality of the administrative reconsideration agency in the administrative reconsideration system is the cornerstone of its effective operation, but in terms of the current development of my country's administrative reconsideration, insufficient independence is a significant problem. The position of the administrative reconsideration agency in the administrative system often makes it difficult for it to be completely independent of the original administrative behavior to make organs. The attachment in this system may cause reconsideration to be decided to be improper intervention and affect the fairness of the results of the reconsideration. When reviewing the case, the reconsideration agency may be difficult to make objective and independent judgments because of taking into account departmental relations or administrative pressure, which directly leads to the lack of independence of its subject. Secondly, the insufficient impartial guarantee mechanism is also the issue of the administrative reconsideration system. Although the administrative reconsideration system aims to provide fair and neutral relief channels, in actual operation, due to insufficient programming and incomplete supervision mechanisms, the reconsideration process may lack sufficient openness and transparency, so that the public's fairness of the reconsideration results of the results of reconsideration questions.

3.2. Scope of the case

3.2.1. Comparison with the Administrative Procedure Law

The scope of administrative reconsideration is relatively extensive, not only limited to the legality review of specific administrative actions, but also may involve the rationality of administrative behavior and the review of some abstract administrative behaviors. This extensive scope of cases provides more relief channels for citizens, legal persons, or other organizations to a certain extent, but also challenges the resources and efficiency of the administrative organs. In contrast, the scope of the administrative lawsuit is more clear and specific, mainly focusing on judicial review of the legitimacy of specific administrative behaviors. This feature of administrative lawsuits makes its procedures more standardized and rigorous, but it also limits the solution of some administrative disputes.

3.2.2. The negative list of administrative reconsideration is not established

At present, the scope of the case of administrative reconsideration in my country is often stipulated in a positive manner. This method can easily lead to the omissions of administrative disputes that should be included in the scope of reconsideration. In contrast, the method of negative lists can clearly define which matters are not the scope of administrative reconsideration, thereby expanding the coverage of reconsideration and enhancing the flexibility and adaptability of the reconsideration system. However, the implementation of the negative list system also faces many challenges. First of all, the scientific and rational issue of the negative list. The negative list should not be broad to avoid weakening the authority of the administrative reconsideration system; it should not be too narrow, so as not to restrict the party's relief channels. Secondly, the formulation and implementation of negative lists need to fully consider the connection between administrative reconsideration and administrative lawsuits to ensure that administrative disputes can be solved in a timely and efficient resolution.

3.2.3. Definition of internal administrative behavior and abstract behavior

The definition standards between internal administrative behavior and abstract behavior are not always clear and clear in my country, which may directly lead to controversy in practice. For example, some administrative decisions with universal binding power may not only have the characteristics of abstract administrative actions, but also involve the rights and interests of specific parties, thereby increasing the difficulty of the reconsideration agency in the process of acceptance and review.

3.3. The choice of multiple solutions

3.3.1. The unique advantage of administrative reconsideration

In the selection of the administrative reconsideration system, in the choice of multiple solutions, it has the unique advantages of petitions and lawsuits. The efficiency and convenience is its most significant advantage. The administrative reconsideration procedure is easier and faster than administrative litigation. The parties can start the reconsideration procedure by submitting an application or an oral application, without having to experience a complex litigation process. In addition, the trial period for administrative reconsideration is relatively short, which helps the parties get relief in time. At the same time, administrative reconsideration does not charge any fees, which greatly reduces the economic burden of the parties. In contrast, administrative litigation needs to pay the cost of litigation, which may make some parties with economic difficulties discouraged. In addition, as an administrative agency of the same system, administrative reconsideration agencies usually have certain professionalism and authority, and can conduct more professional and in -depth review of administrative disputes. This helps to ensure the fairness and rationality of reconsideration and improve the credibility of the reconsideration system.

3.3.2. By weighing whether to adopt the pre -procedures for administrative reconsideration

The pre -procedure of administrative reconsideration is conducive to giving full play to the unique advantages of administrative reconsideration in solving administrative disputes. Administrative reconsideration, as a self -error correction mechanism within the administrative organs, has the characteristics of efficient, convenient, and economical, which can quickly respond to the demands of administrative counterparts and correct the illegal or improper behavior of the administrative agency in a timely manner. Through the pre -procedure of administrative reconsideration, the administrative organs can promote more cautious and standardized administrative acts when making administrative actions, and reduce the occurrence of administrative disputes. However, the pre -procedure of administrative reconsideration also has certain limitations, and may not be able to resolve administrative disputes in time and effectively, resulting in the inaccessible protection of the parties' rights and interests [6]. In addition, the fairness and authority of administrative reconsideration may also be questioned, affecting the credibility determined by reconsideration. Therefore, whether the pre -procedure of administrative reconsideration should be taken to weigh and judge according to the specific situation.

3.3.3. Insufficient execution of administrative reconsideration

Due to the limitations of the administrative reconsideration agency in the system, the reconsideration made by its reinforcement may be insufficient. This may cause reconsideration to decide to encounter resistance during the execution, and even be ignored or delayed. Due to the lack of independence of administrative agencies, administrative reconsideration agencies are often attached to the administrative organs, causing them to be affected by the internal factors of the administrative organs during the reconsideration process, and it is difficult to fully make a review decision completely and objectively. This dependence has weakened the execution of administrative reconsideration and makes it difficult for it to effectively correct the illegal or improper behavior of the administrative organs. In addition, the execution supervision mechanism determined by administrative reconsideration is not complete, and the lack of effective supervision and accountability mechanisms. This may lead to problems such as poor execution and inadequate execution during the implementation of reconsideration, thereby harming the authority and credibility of the administrative reconsideration system.

4. Resolve the analysis of the role of the main channel of administrative disputes

In order to further effectively play the role of administrative reconsideration as the main channel of administrative disputes, this article believes that it can be explored and resolved from the following four aspects: including the effect of some judicialization of administrative reconsideration, the unique advantages of administrative reconsideration, the significance of the dual defendant system, and administrative administration Reconsideration determines the enforcement mechanism.Based on this, this section discusses from the above four aspects.

4.1. The effect of some judicialization of administrative reconsideration

Part of the judicialization of administrative reconsideration aims to improve the fairness, transparency and credibility of administrative reconsideration by using the characteristics of the judicial system.This reform is theoretically positive in theory, which can strengthen the right to remedy the right to reconnect administrative reconsideration and make it more in line with the principles of rule of law.On the one hand, some judicialization of administrative reconsideration really improves the fairness and authority of reconsideration decisions to a certain extent, making the result of reconsideration more easily accepted by the parties.On the other hand, through the introduction of judicial elements such as public trial and avoidance system, the transparency of administrative reconsideration has also increased, which has enhanced the public's trust in the "administrative reconsideration system".

4.2. The unique advantage of administrative reconsideration

4.2.1. The scope of the case is wider

Compared with judicial relief methods such as administrative lawsuits, the scope of the administrative reconsideration should be broader.It not only covers the reconsideration of specific administrative behaviors, but also includes an attached review of some abstract administrative actions. In some cases, if the parties think that the administrative behavior based on the standard documents formulated by the State Council and the local people's government and their departments. When illegal, you can submit an application for review of the standardized documents to the administrative reconsideration agency.This design allows administrative reconsideration to touch the institutional and root problems behind administrative behaviors, thereby more effectively correcting illegal or improper administrative behaviors.

4.2.2. Limited term, more efficient and convenient

The Administrative Reconsideration Law stipulates that the administrative reconsideration agency shall make administrative reconsideration decisions within 60 days from the date of acceptance of the application. When the situation is complicated, the approval of the person in charge can be extended, but the extension period does not exceed 30 days. Such a time limit ensures the efficient operation of the reconsideration procedure, so that the parties can get the result of the relief faster and avoid long -term legal procedures. At the same time, the efficiency of administrative reconsideration helps to correct the wrong behavior of administrative organs in time and protect the legitimate rights and interests of the parties. Compared with administrative litigation, the trial period for administrative reconsideration is short, which can solve administrative disputes faster and reduce the damage caused by the parties due to the failure of the dispute.

4.2.3. Evidence collection system is more loose

Compared with other legal procedures, such as administrative litigation, administrative reconsideration has a more relaxed evidence collection procedure, allowing the reconsideration authority to proactively conduct investigations and collect evidence when necessary. This not only reduces the burden of proof for the parties, but also improves the fairness and accuracy of the reconsideration decision. During the reconsideration process, the reconsideration authority can investigate and obtain evidence from relevant units and individuals according to the case needs, and check, copy, and retrieve relevant documents and materials. This flexibility allows the reconsideration authority to understand the facts of the case more comprehensively and make it more reasonable. The decision of reconsideration not only helps to protect the legitimate rights and interests of the parties, improve the fairness and accuracy of the decision of reconsideration, but also improve the efficiency of reconsideration and meet the requirements of the parties' efficiency of the efficiency of administrative disputes.

4.2.4. The trial procedure is easier

The trial procedures for administrative reconsideration are relatively simple, and there are no need to pass a complicated case, trial, and judgment such as administrative lawsuits. After receiving the application for reconsideration, the reconsideration authority can quickly start the reconsideration process, review the case and make a review decision. This simplified trial process has greatly shortened the time of dispute resolution and reduced the party's litigation costs.

4.3. The significance of the dual defendant system for reconsideration

The dual defendant system of administrative reconsideration not only strengthened the sense of responsibility of the administrative reconsideration agency, but also prompted it to handle reconsideration cases more cautiously and fairly. When the reconsideration agency decides to maintain the original administrative behavior, together with the administrative organs who have made the original administrative behavior become a co -defendant, the design of this system ensures that the parties can investigate the responsibility Legal rights and interests [7]. In addition, the dual defendant system also provided the parties with a wider relief channel, which improved the efficiency and effect of rights protection. It helps promote administrative administration in accordance with the law, reduce the occurrence of administrative disputes, and maintain the harmony and stability of society. At the same time, the system also reflects the fairness of the law, and has played an effective supervision and constraint on both administrative reconsideration agencies and the original administrative agencies.

4.4. Administrative reconsideration decides for compulsory execution mechanism

Administrative reconsideration decides to enforce the enforcement mechanism to ensure that the legal effectiveness of the administrative reconsideration decision has been effectively implemented, and maintains the authority and credibility of the administrative reconsideration system. This mechanism guarantees the actual performance of the decision -making content by giving the administrative organs or the people's court on the decision of administrative reconsideration, and avoids the legitimate rights and interests of the applicant because the applicant does not implement or delayed the implementation [8]. This helps to strengthen the public's trust in the administrative reconsideration system and promote its important ways to solve administrative disputes [9]. In addition, the mechanism also helps ease the pressure of administrative litigation of the people's court. Through the compulsory implementation of administrative reconsideration, some administrative disputes were resolved in the stage of administrative reconsideration, reducing the number of cases entering administrative litigation procedures, and improving the efficiency of administrative disputes.

5. Conclusion

Administrative reconsideration, as the main channel for resolving administrative disputes, has been clearly and strengthened in the newly revised "Law on Administrative Reconsideration of the People's Republic of China" in accordance with the newly revised "Law of the People's Republic of China." This revision not only marks the profound changes in the resolution of my country's administrative disputes, but also reflects the full performance of the fair and efficient and convenient system of administrative reconsideration. The administrative reconsideration system has a far -reaching significance from the administrative reconsideration system from the internal self -correction of self -correction of the administrative organs to the administrative dispute resolution mechanism [10]. It requires administrative reconsideration to play the role of "main channels" in the diversified administrative dispute solution system, and assumes more controversial resolving responsibilities and tasks. This system positioning not only responds to the actual needs of social contradictions to prevent resolution, but also summarize and improve the experience of administrative dispute resolution in the new era. The newly revised administrative reconsideration law has comprehensively optimized the scope of reconsideration, jurisdiction, and reconsideration procedures, and provided a solid institutional guarantee for administrative reconsideration as the main channel. At the same time, the newly revised administrative reconsideration law also emphasizes the quality of the case of administrative reconsideration, and requires the completion of procedures and entity end in administrative reconsideration. This requirement not only reflects the efficient and fast advantage of the administrative reconsideration system, but also reflects its persistent pursuit of the substantial resolution of administrative disputes.

Looking forward to the future, administrative reconsideration, as the main channel for resolving administrative disputes, will continue to play an important role in the construction and effective social governance of the rule of law. It will welcome the challenges and opportunities of the new era with a more fair and efficient and convenient attitude. At the same time, we also need to continuously summarize experience, improve the design of the system, improve the credibility and attraction of administrative reconsideration, so that more and more administrative disputes can be substantially resolved through administrative reconsideration channels [11]. In short, the institutional positioning and theoretical dependence of administrative reconsideration "resolving the main channels of administrative disputes" is the core essential of the newly revised "The People's Republic of China Administrative Reconsideration Law". It will provide a strong support for the further development of the administrative reconsideration system, and make positive contributions to building a harmonious society in socialism and achieving the goals of comprehensively governing the country in accordance with the law.