First, the supervision of administrative reconsideration has great influence and function on building a harmonious socialist society.
To build a harmonious socialist society, stability is the premise. Without stability, there is no harmony. As a hierarchical supervision system of administrative organs, administrative reconsideration system has great influence on maintaining social stability and building a harmonious socialist society.
(A) the supervision of administrative reconsideration is an important guarantee for building a harmonious socialist society. A harmonious society must have a stable social and political environment and an orderly social life order. Turbulence, disorder and intensified social contradictions make it impossible for people to live in harmony and live and work in peace. Of course, no society can be without contradictions and conflicts, nor can there be differences and cracks. Harmonious society lies in being able to use the power of legal system and rules to constantly resolve contradictions and bridge cracks. The value orientation of administrative reconsideration supervision is openness, justice, fairness and convenience, and it is characterized by the standardization and compulsion of law. By examining the applications that citizens, legal persons and other organizations think that a specific administrative act of an administrative organ is illegal or improperly infringes on their legitimate rights and interests, the administrative reconsideration organ cancels or changes the specific administrative act that the respondent has done illegally or improperly, so as to protect the legitimate rights and interests of the people to the maximum extent, and achieve the purposes of adjusting social relations, balancing social interests, regulating social contradictions and maintaining social order. In a sense, the supervision system of administrative reconsideration is an important supporting point and powerful guarantee for protecting the fundamental interests of the overwhelming majority of people, truly practicing Theory of Three Represents, promoting the administration of administrative organs according to law and maintaining social stability.
(B) Administrative reconsideration supervision is an important way to build a harmonious socialist society. Administrative reconsideration is one of the important ways for higher administrative organs to effectively supervise the specific administrative actions of lower administrative organs, and it is also a legal supervision system for administrative organs to correct their own mistakes. It takes the application of citizens, legal persons or other organizations as the precondition to start the procedure, and its main work is to correct illegal or improper specific administrative acts, protect the legitimate rights and interests of administrative counterparts, and ensure and supervise the administrative organs to exercise their functions and powers according to law. The procedure is simple, convenient and fast, and no fees are charged to the applicant, which directly reflects the requirements of Comrade Hu Jintao's important thought of building a harmonious socialist society. It is a very important work field and an important way to practice the important thought of building a harmonious society. When handling administrative reconsideration cases, the administrative reconsideration organ should not only maintain the legitimacy and appropriateness of the specific administrative act of the administrative organ, but also ensure that the administrative organ is in accordance with the law. At the same time, it is necessary to revoke or change the specific illegal or improper administrative act made by the respondent to ensure the legitimate rights and interests of the applicant. Moreover, once the reconsideration decision is made, it is legally binding, mandatory and enforceable, and the respondent must earnestly perform it. He refuses to accept the administrative reconsideration decision made by the reconsideration organ and brings an administrative lawsuit to the people's court, and may not apply for administrative reconsideration. If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the Administrative Reconsideration Law clearly stipulates that "the administrative reconsideration organ or the relevant superior administrative organ shall order it to perform within a time limit." It is precisely because of the authority of administrative reconsideration supervision and the effectiveness of solving social contradictions that it has established the important position and role of administrative reconsideration supervision in maintaining social stability and building a harmonious society. According to statistics, in 2004, the withdrawal rate, withdrawal rate and conclusion rate of administrative reconsideration cases in our province were 2.57 percentage points, 4.97 percentage points and 4.64 percentage points higher than those of administrative litigation cases respectively. In terms of maintenance rate, administrative reconsideration cases are 7.96 percentage points lower than administrative litigation cases. This shows that administrative reconsideration, as an internal supervision system of administrative organs, is faster and more practical than administrative litigation system in procedure, and plays its due role in correcting illegal or improper specific administrative acts of administrative organs and protecting the legitimate rights and interests of parties, which is an important way to build a harmonious socialist society.
(C) Administrative reconsideration supervision is an important means to build a harmonious socialist society. An important function of the administrative reconsideration supervision system is the relief function. Citizens, legal persons or other organizations may seek legal protection through administrative reconsideration if they think that a specific administrative act of an administrative organ is illegal or improperly infringes upon their legitimate rights and interests. In the past five years, the administrative reconsideration organs at all levels in the province have accepted a total of 18029 administrative reconsideration cases, and closed 17 124 cases, accounting for 94.98% of the cases accepted, of which 8423 cases maintained the original specific administrative act, accounting for 46.72%. After careful examination, 4 188 cases were revoked, changed, ordered to perform and confirmed to be illegal according to law, accounting for 23.23%, effectively protecting the legitimate rights and interests of applicants. Therefore, the supervision of administrative reconsideration will be beneficial to straighten out and balance social relations, to resolve and eliminate social contradictions and conflicts, to alleviate social contradictions in general, to reduce the number of letters and visits, especially to reduce the increasing number of group letters and visits, to promote stability and unity, and to achieve the goal of building a harmonious socialist society. Therefore, strengthening the supervision of administrative reconsideration is an important means to build a harmonious socialist society.
Second, the current situation and existing problems of administrative reconsideration supervision
(a) the current situation of administrative reconsideration supervision:
Since the establishment of China's administrative reconsideration system, especially since the implementation of the Administrative Reconsideration Law of People's Republic of China (PRC), the administrative reconsideration organs at all levels in our province have adhered to the principle of people-oriented and reconsideration for the people, actively accepted and handled administrative reconsideration cases, carried out administrative reconsideration work in a down-to-earth manner, and earnestly strengthened the supervision of administrative reconsideration. Its main status quo is:
—— Acceptance of cases and handling of cases by administrative reconsideration. 1999 10 to 2004 12, the administrative reconsideration organs at all levels in the province received a total of 19484 applications for administrative reconsideration, and accepted 18029 applications for administrative reconsideration, accounting for 92.53% of the applications received; 109 1 piece was rejected, accounting for 5.60%; Others handled 364 pieces. Closed 17 124 cases, accounting for 94.98% of the cases accepted, of which 8423 cases maintained the original specific administrative act, accounting for 46.72%; 4 188 pieces were revoked, changed, ordered to perform and confirmed to be illegal, accounting for 23.23%.
-The main situation of the administrative reconsideration case. From the analysis of 2839 cases accepted by the administrative reconsideration organs at all levels in the province in 2004, there are mainly the following situations: First, from the matters for reconsideration, there are 1478 cases for administrative reconsideration because they refuse to accept administrative punishment, accounting for 45.87% of the total number of cases accepted; Refused to accept the administrative license 124, accounting for 3.85%; 259 cases refused to accept administrative compulsory measures, accounting for 8.04%; 150 cases of refusing to accept administrative fees, accounting for 4.66%; 69 cases of administrative inaction, accounting for 2.14%; Other 1 142 pieces. Second, from the identity of the respondent, there are 550 applications for administrative reconsideration with the township government as the respondent, accounting for17.07% of the total number of cases accepted; 1756 applicants are county-level government departments, accounting for 54.50%; 332 cases took the county government as the respondent, accounting for10.30%; There are 497 cases with municipal and state government departments as the respondents, accounting for15.43%; There are 36 cases in which the municipal government is the respondent, accounting for1.12%; 22 respondents are provincial government departments, accounting for 0.68%; The provincial government is the defendant in 4 cases and 25 other cases. Third, from the analysis of the conclusion, the applicant withdrew 542 applications, accounting for19.09% of the total number of cases accepted; Maintain 1355 pieces, accounting for 47.73%; 447 were revoked, accounting for15.74%; 73 items were changed, accounting for 2.57%; Confirmed 19 violations; Ordered to execute 29 pieces; 179 other categories; 195 cases were not concluded, and the conclusion rate was 93. 13%. Fourthly, from the category of administrative reconsideration cases, there are 24 categories of administrative reconsideration cases in the province. Public security 599, industry and commerce 374, national territory 303, urban construction 1 12, labor 89, forestry 83, transportation 56, technical supervision 47, health 36, environmental protection 22, water conservancy 20, civil affairs 19.
-New features of administrative reconsideration cases. In recent years, with the enhancement of legal consciousness, some new changes have taken place in the supervision of administrative reconsideration. 65438 This year 10 to July, the provincial government * * * received 49 applications for administrative reconsideration, plus 5 carried over from last year, making a total of ***54. Judging from the cases accepted, it mainly presents the following characteristics: First, the number of cases accepted has increased. The case acceptance rate increased16.12% year-on-year; The number of acceptances increased by 45.45% compared with the same period of last year, exceeding the number accepted in the whole year of last year. Second, the number of cases in which the Group applied for administrative reconsideration increased. The cases that this group applied for administrative reconsideration accounted for nearly 20% of the total number of applications received, among which 505 villagers in Tianding Township of Yuelu District refused to accept the compensation ruling of the provincial people's government, and the number of applicants was as high as 1679. Third, the number of cases with provincial people's governments as respondents has increased. There are 6 provincial people's governments as respondents, accounting for 12.24% of the total number of applications received. Fourth, the number of land and resources management cases has increased. In terms of land and resources management, 38 applicants refused to accept land requisition approval, land requisition compensation standard ruling, land requisition and demolition, land ownership disposal, issuance or cancellation of land ownership or use warrants, accounting for 70.37% of the total number of accepted applications. The fifth is to accept foreign-related administrative reconsideration applications for the first time. Changxiang Wuyi Road and Bridge Investment Co., Ltd. and Changxiang Wu Jialing Investment Co., Ltd. refused to accept the notice of Changsha Municipal People's Government on the toll station of four bridges, such as Xiangjiang No.1 Bridge. The applicant is an enterprise in British Wirgin. Sixth, the number of reconsideration cases in which applicants entrust lawyers has increased. Of the 54 applications for administrative reconsideration received, nearly 70% were represented by lawyers. Among them, Changsha Municipal People's Government informed the applicants that Wuyi Road and Bridge Company of Changsha City and Wujialing Investment Company of Changsha City refused to accept the decision, and 505 households 1679 villagers in Tianding Township of Yuelu District refused to accept the compensation award of the provincial people's government, all of whom were represented by lawyers from Beijing.
(2) The supervisory function of administrative reconsideration has been effectively brought into play.
First, actively accept and handle cases, and the channels for ordinary people to seek relief are smooth. The administrative reconsideration organs at all levels in the province have few personnel and many cases, overcome all kinds of difficulties and insist on accepting cases according to law, which ensures the smooth relief channels for administrative counterparts through administrative reconsideration and safeguards the legitimate rights and interests of citizens, legal persons and other organizations. In the past five years, administrative reconsideration organs at all levels in the province have received a total of 19484 applications for administrative reconsideration, accepted 18029 and closed 17 124. Among them, in 2004, the administrative reconsideration organs at all levels in the province received 3222 applications for administrative reconsideration, accepted 2839 applications and concluded 2644 applications. 1355, accounting for 47.73%, maintaining the original specific administrative act; The applicant withdrew 542 applications, accounting for19.09%; 568 cases, accounting for 20%, revoked or changed the original specific administrative act, confirmed its illegality and ordered it to be performed within a time limit, effectively protecting the legitimate rights and interests of the broad masses of the people.
The second is to strengthen supervision over the implementation of administrative reconsideration decisions to ensure that the legitimate rights and interests of ordinary people are implemented. The Administrative Reconsideration Law stipulates that if the respondent fails to perform the administrative reconsideration decision, it may apply to the people's court for compulsory execution. However, if the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, there is no mandatory provision except that "the administrative reconsideration organ or the relevant superior administrative organ shall order it to perform within a time limit". In order to prevent and reduce the situation that lower administrative organs refuse to perform or deliberately delay the performance of administrative reconsideration decisions, earnestly perform administrative reconsideration decisions and truly protect the legitimate rights and interests of ordinary people, reconsideration organs at all levels in the province actively take measures to strengthen supervision over the performance of administrative reconsideration decisions, so as to ensure that the administrative reconsideration decisions made by administrative organs are seriously fulfilled and the rights and interests of administrative counterparts are implemented. For example, the Changsha Municipal Government cleaned up the administrative reconsideration cases undertaken since 2000, and sent a supervision letter to the respondent for seven administrative reconsideration decisions that the respondent failed to perform according to law, requiring the respondent to perform the reconsideration decisions within the time limit specified in the supervision letter and report the performance, so that the original unenforceable administrative reconsideration decisions can be implemented. The People's Government of Youxian County implements the system of returning visits to administrative reconsideration cases. For a specific administrative act revoked according to law, after the written decision of administrative reconsideration is served, the People's Government of Youxian County timely exchanges views with the leaders of the unit where the respondent belongs, the heads of legal institutions and law enforcement personnel, points out the illegality and inappropriateness of the specific administrative act, urges the respondent to implement the decision of administrative reconsideration, and demands the respondent to sum up the experience and lessons of administrative law enforcement, strengthen and improve administrative law enforcement, and promote administration according to law.
Third, the administrative capacity of administrative organs at all levels has been further enhanced. Through the implementation of the Regulations on Administrative Reconsideration and the Law on Administrative Reconsideration for many years, administrative organs at all levels generally realize that the administrative reconsideration system puts forward newer and higher requirements for administrative organs to administer according to law, and administrative actions are strictly supervised by administrative reconsideration. The effectiveness and thoroughness of the supervision of administrative reconsideration by administrative organs at higher levels over administrative organs at lower levels determines that if administrative organs do not strictly administer according to law and infringe upon the legitimate rights and interests of administrative counterparts, they shall be revoked in administrative reconsideration, change their administrative behavior and bear corresponding legal consequences. Through administrative reconsideration, especially the revoked administrative reconsideration cases, the administrative organs have a clearer understanding of the legality and illegality, appropriateness and inappropriateness, and the merits of their administrative actions, and take targeted measures to improve them, thus improving their awareness and ability of administration according to law.
Fourth, through the supervision of administrative reconsideration, the system construction has been promoted. In recent years, while actively accepting and handling administrative reconsideration cases and resolving administrative disputes, all parts of Hunan Province have noticed the problems existing in the supervision of administrative reconsideration, strengthened the system construction in time and improved the standardized management level. For example, when the Legislative Affairs Office of Chenzhou Municipal Government examined an application for administrative reconsideration of a real estate company that refused to accept the administrative punishment of the Municipal Planning Bureau, it found that Chenzhou lacked detailed technical specifications for the implementation of urban planning stipulated by national laws. After the review, it is suggested that the municipal government formulate relevant regulations. The municipal government adopted the suggestion of the Legislative Affairs Office of the municipal government, and soon promulgated the Technical Regulations on Urban Planning and Management of Chenzhou City, which filled the blank of urban planning and management in Chenzhou City and promoted the standardization and legalization of urban management in this city.
(three) the main problems existing in the supervision of administrative reconsideration
Generally speaking, the supervision system of administrative reconsideration has played a good role in protecting the legitimate rights and interests of ordinary people and promoting the administration of administrative organs according to law, but there are still many outstanding problems. Mainly in the following aspects:
First, the supervision of administrative reconsideration is not in place. Administrative reconsideration is a hierarchical supervision system within administrative organs, which plays a very important role in preventing and correcting illegal or improper specific administrative acts, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and promoting the administration of administrative organs according to law. However, some local leaders lack a deep understanding of the legislative purpose of the administrative reconsideration law, and their consciousness of consciously accepting the supervision of administrative reconsideration is weak. In practical work, they are still keen on using administrative means to carry out their work, and seldom pay attention to solving problems through administrative reconsideration supervision. Some even unilaterally emphasize the importance of a certain job and refuse to implement the administrative reconsideration system. Once the administrative counterpart applies for administrative reconsideration and makes a ruling, they complain that the administrative reconsideration institution does not support their work, and even explicitly indicate that they do not perform their statutory duties, which seriously affects the in-depth development of administrative reconsideration supervision.
Second, cases are not accepted according to law, and the quality of handling cases is not high enough. Mainly manifested in: First, the rights of citizens, legal persons and other organizations to apply for administrative reconsideration are not protected according to law. Some administrative reconsideration institutions, after receiving the application for administrative reconsideration, emphasize the difficulties such as insufficient manpower and funds, or are difficult cases, and they are afraid of being unsure and becoming defendants, so they will not accept them according to law. Second, I didn't hear it in time. Some have received applications for administrative reconsideration, failed to review them in time according to law, and the cases have been delayed for a long time, and many cases have been closed over time. Some cases took up to a year and a half to close. Third, violation of legal handling procedures. Failure to inform shall fulfill the obligation of informing according to law; Need to go through the extension formalities, not according to the provisions of the approval. Fourth, judicial issues are not in line with the law. In some places, for fear of being sued or petitioned by interested third-party organizations, administrative reconsideration cases that should have been revoked are still maintained, which lacks impartiality. It is understood that one county has accepted more than 60 cases a year, and all of them have made maintenance decisions.
Third, the construction of administrative reconsideration institutions and teams does not adapt to the tasks they undertake. Administrative reconsideration institutions are legal administrative subjects, but there is still a big gap between the establishment and construction of legal institutions of governments and departments at all levels and their tasks and the requirements of the administrative reconsideration system itself. Some administrative reconsideration institutions handle administrative reconsideration cases only 1 person, which does not meet the requirements of handling procedures; Other departments have neither institutions nor personnel, which makes the administrative reconsideration work lose its basic organizational guarantee. The administrative reconsideration institutions of most administrative reconsideration institutions are not prepared, and the administrative reconsideration staff are mostly part-time staff. Due to the sharp increase of administrative reconsideration cases, most of the case handlers work hard, while the administrative reconsideration institutions have poor working conditions, low treatment, no case handling allowance, and it is difficult to retain people. The professional team of administrative reconsideration cannot be formed and the overall quality is difficult to improve.
Fourth, the administrative reconsideration funds do not meet the needs of the work. The stipulation in the Administrative Reconsideration Law that "the administrative reconsideration organ shall not charge any fees from the applicant, and the funds required for administrative reconsideration activities shall be guaranteed by the finance at the corresponding level" has not been implemented in many places. Except for a few local administrative reconsideration funds, most local administrative reconsideration funds are in a state of tension, and most local administrative reconsideration funds are not included in the fiscal budget at all.
Fifth, the development between regions is uneven. According to the statistics of 122 counties (cities, districts) in the whole province, in 2003, 1 1 counties (cities, districts) in the whole province did not accept an administrative reconsideration case; In 2004, 19 counties (cities, districts) did not accept an administrative reconsideration case, of which 14 cases were urban, accounting for 73.6% of 19 counties (cities, districts). Yongshun, Shuangfeng, Yizhang, Qidong County and Lengshuitan District all accepted more than 30 cases of administrative reconsideration.
Three, earnestly perform the duties of administrative reconsideration, give full play to the role of administrative reconsideration supervision in building a harmonious socialist society.
In the process of comprehensively promoting administration according to law, building a government ruled by law and building a harmonious society, how to strengthen administrative reconsideration and give full play to the role of administrative reconsideration supervision in building a socialist harmonious society is a major issue faced by legal institutions at all levels of government, which requires us to explore and study. The author believes that the following problems should be solved:
(1) Deeply understand the spirit of the Outline and grasp the key of administrative reconsideration supervision. Article 30 of the State Council's "Implementing Outline of Comprehensively Promoting Administration according to Law" states: "Seriously implement the Administrative Reconsideration Law and strengthen the administrative reconsideration work. An application for administrative reconsideration that meets the statutory requirements must be accepted according to law; When trying administrative reconsideration cases, we should pay attention to the basis, evidence and procedures, make a fair decision on administrative reconsideration, resolutely correct illegal and obviously improper administrative acts, and protect the legitimate rights and interests of citizens, legal persons and other organizations. It is necessary to improve the administrative reconsideration system and actively explore new ways and measures to improve the quality of administrative reconsideration. For administrative reconsideration cases with clear facts and little controversy, it is necessary to explore the establishment of summary procedures to solve administrative disputes. Strengthen the construction of administrative reconsideration institutions and improve the quality of administrative reconsideration personnel. Improve the accountability system of administrative reconsideration. If an application for administrative reconsideration should be accepted according to law but not accepted, the specific administrative act should be revoked, changed or confirmed to be illegal. If an administrative reconsideration decision is not made within the statutory time limit and other provisions of the Administrative Reconsideration Law are violated, the legal responsibility shall be investigated according to law. " This is the criterion that must be followed in the supervision of administrative reconsideration at present and for a long time to come, which should be deeply understood and conscientiously implemented. According to the spirit of the Outline, judicial organs should actively explore the establishment of simple reconsideration procedures and face-to-face trials, so as to provide a fair "platform" for the parties to solve administrative disputes and further improve the efficiency of administrative reconsideration. We should actively explore and strengthen the independence and professionalism of administrative reconsideration supervision; Explore the establishment of a relatively perfect accountability system for administrative reconsideration, and effectively ensure that the provisions of the Administrative Reconsideration Law can be strictly enforced, the quality of administrative reconsideration work can be improved, and the role of administrative reconsideration supervision can be fully brought into play.
(two) pay close attention to system innovation and explore new methods and new ways of administrative reconsideration supervision. First, actively explore the new characteristics and new ways of administrative reconsideration supervision under the new situation, and reform the application and acceptance methods of administrative reconsideration to facilitate applicants to apply. Conditional can apply for accepting administrative reconsideration cases by letter, telegram, telex, fax, e-mail, etc.; The second is to reform the trial mode of administrative reconsideration cases and actively implement the hearing system and expert argumentation system of administrative reconsideration; Third, increase the transparency of administrative reconsideration supervision, and establish a public trial system and a collective deliberation system for major and difficult cases; The fourth is to improve the procedure of handling cases, standardize the time limit and responsibility of application, acceptance, examination, decision, delivery and execution with the system, and strictly ensure the fairness and efficiency of administrative reconsideration; Fifth, improve the evidence system of administrative reconsideration and strengthen the burden of proof of the respondent; The sixth is to establish a public access system for administrative reconsideration files, allowing units and individuals to access and copy administrative reconsideration case materials except those involving state secrets, commercial secrets and personal privacy.
(3) improve the quality of handling cases and truly win the trust of the people. Ensuring the quality of administrative reconsideration cases and realizing the openness, justice, fairness, timeliness and convenience of administrative reconsideration are the basic requirements of administrative reconsideration supervision. The quality of handling administrative reconsideration cases directly affects the vitality of the administrative reconsideration system, the people's trust in the government and the legitimate rights and interests of the people. In order to ensure the handling quality of administrative reconsideration cases and the fairness, fairness and accuracy of administrative reconsideration decisions. On the one hand, cases should be handled in strict accordance with the procedural provisions of the Administrative Reconsideration Law, especially for difficult and complicated cases, hearing mechanisms, expert argumentation mechanisms or public hearings should be introduced to ensure the quality of cases. On the other hand, in accordance with the requirements of the Outline, we should actively explore the summary procedures of administrative reconsideration, handle summary cases in time, and fully realize the convenience purpose of administrative reconsideration. According to statistics, in 2004, there were 550 administrative reconsideration cases in our province with township government as the respondent, accounting for17.07% of the total number of cases; 1756 applicants are county-level government departments, accounting for 54.50%; 332 cases took the county government as the respondent, accounting for10.30%; There are 497 cases with municipal and state government departments as the respondents, accounting for 15.43%. In these cases, especially the administrative reconsideration cases accepted by county governments, about two-thirds are simple cases with clear facts. If it is handled in strict accordance with legal procedures, it may cause undue losses to both the applicant and the respondent, and some may even lead to intensified contradictions. To make administrative reconsideration truly fair, timely and convenient, simple cases should be simplified, handled directly and quickly. It not only ensures the quality of handling cases, but also is convenient and fast, which truly establishes the seriousness and authority of administrative reconsideration.
(4) Strengthen team building and establish a high-quality administrative reconsideration supervision team. The level of administrative reconsideration personnel directly affects the development and future development of administrative reconsideration. Under the new situation of building a government ruled by law and a harmonious socialist society, there have been and will be many new situations and problems in administrative reconsideration, which need many high-quality talents to study and explore. At the same time, handling administrative reconsideration cases is a highly political, policy and professional work, involving complex legal relations, with strict procedures and deadlines, and there is no room for any slack and mistakes. Moreover, the number of administrative reconsideration cases has greatly increased, and the difficulty has increased. The pressure and responsibility in this area are getting heavier and heavier, which puts forward newer and higher requirements for the quality of administrative reconsideration personnel. In particular, the reconsideration personnel in the legal institutions of county governments are more prominent. Judging from the administrative reconsideration cases handled in our province in 2004, there were 550 administrative reconsideration cases with the township government as the respondent, accounting for 17.07% of the total cases. There were 1756 cases, accounting for 54.50%, which were investigated by county government departments. This shows that 7 1.57% of reconsideration cases occur in counties, and the legal institutions of county-level governments have a very heavy reconsideration task, but on the contrary, the legal institutions of county-level governments are very weak at present. Therefore, we must vigorously strengthen the construction of administrative reconsideration supervision team, especially to increase the strength of administrative reconsideration personnel and improve their quality on the important agenda. It is necessary to select comrades with good thinking, professionalism, strong sense of responsibility and excellent work style to the post of administrative reconsideration; It is necessary to strengthen ideological, theoretical and professional study, establish a system of regular training or rotation training, and improve the political and professional quality of administrative reconsideration personnel to adapt to the development of the situation and the needs of work.
(five) adhere to the people-oriented, and actively explore ways of mediation. Mediation is not applicable to administrative reconsideration, which is an important principle of administrative reconsideration system. The main reason is that mediation is the basic principle to solve civil disputes, and the legal status of the parties to civil disputes is equal. The basic feature is to respect the wishes of the parties, so that the parties can reach an understanding on the basis of mutual understanding and accommodation, thus solving disputes. All mediation is based on the premise that the relevant parties have the right to dispose of the entity. Without the right to dispose of the entity, there is no mediation, because mediation is possible only if one party voluntarily gives up some rights or both parties give up some rights. Without the right to give up, there is no mediation. However, the legal relationship between the applicant and the respondent in administrative reconsideration cases is equal, but their administrative legal relationship is unequal. When the respondent makes a specific administrative act, it exercises administrative power on behalf of the state, and as the applicant, it is in a position dominated by administrative power. The administrative power exercised by the respondent is endowed by law and is to perform duties on behalf of the country. Failure to perform duties according to law is dereliction of duty and should be investigated for legal responsibility, so there is no substantive right to dispose of it freely. However, applicants subject to administrative power have no right to participate in the punishment of state power. If the principle of mediation is applied to administrative reconsideration, it means that administrative organs are allowed to arbitrarily dispose of the powers entrusted by law, which means that national interests and public interests may be betrayed. It is based on this point of view that Article 8 of the Regulations on Administrative Reconsideration once stipulated that "the reconsideration organ shall not apply mediation when trying reconsideration cases." However, in the practice of administrative reconsideration, a large proportion of cases are settled by mediation. 1From June 1999 to February 2004, among the 17 124 cases accepted and closed by administrative reconsideration organs at all levels in our province, the applicant requested to withdraw the application for administrative reconsideration, and 3099 cases were ended by administrative reconsideration, accounting for the accepted cases. In these administrative reconsideration cases of withdrawing applications, except for a few cases where the respondents knew the relevant laws and regulations and realized that their requirements were incorrect, almost all of them were because the respondents re-examined and changed the original specific administrative act, and the applicants withdrew their applications. Behind the withdrawal of the applicant's application and the termination of administrative reconsideration, there is a lot of coordination work done by the case-handling personnel of the administrative reconsideration institution, such as pointing out the mistakes of the original specific administrative act of the respondent, persuading the respondent to change the original specific administrative act, mobilizing the applicant to withdraw the application, and so on. In other words, when handling these cases, the administrative reconsideration organ actually adopted a coordinated approach and closed the case through mediation. Therefore, according to the spirit of the Outline and the reality of administrative reconsideration, we should continue to explore mediation methods of administrative reconsideration, improve the efficiency of handling cases, and create a good and harmonious social environment.
(six) to strengthen the guidance and supervision of the administrative reconsideration work of the county government. The people's government at the county level is the grass-roots political power organization in China and plays a key role in the implementation of national laws, regulations and policies. Because a large number of administrative actions occur at the grassroots level, county-level government departments and township people's governments are in the front line of administrative law enforcement, directly facing the masses, and a large number of administrative disputes occur at this level. According to statistics, in 2004, the township government was the respondent in the province's administrative reconsideration cases, accounting for17.07% of the total number of cases accepted; 54.50% of the respondents are county-level government departments; The county government is the respondent, accounting for 10.30%, and the township government is the defendant in 40 administrative litigation cases, accounting for 4.9%. 369 county-level government departments as defendants, accounting for 45.17%; 193 county governments as defendants, accounting for 23.62%. From the above situation, the proportion of respondents and defendants in government and government departments at or below the county level is as high as 8 1.87% and 73.69% respectively. It can be seen that governments and departments below the county level have a large workload, a wide range and a very heavy task in responding to administrative reconsideration. Strengthening the guidance of the county-level government's administrative reconsideration work, giving full play to its hierarchical supervision function, and correcting the illegal and improper specific administrative acts of grass-roots administrative organs according to law are important aspects of resolving various social contradictions, reducing disputes and building a harmonious socialist society.