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administrative reconsideration should better play its role in error correction and relief

2024-09-26

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according to the information from the official website of the ministry of justice, in the first half of this year, a total of 292,000 new administrative reconsideration cases were received nationwide, a year-on-year increase of 150%, which is twice the number of first-instance administrative litigation cases in the same period. this is a reflection of the active implementation of the new business, new procedures, and new mechanisms stipulated in the administrative reconsideration law, and the high-quality and efficient handling of administrative reconsideration cases.

specifically, in the first half of this year, a total of 24,000 illegal and improper administrative behaviors were corrected through administrative reconsideration, and 64,000 cases were settled through mediation, reconciliation and withdrawal of applications; 202,000 disputes were not subject to administrative litigation after reconsideration, and the case was closed. the role of administrative reconsideration as the main channel for resolving administrative disputes has become more prominent.

the sharp increase in administrative reconsideration cases indicates two issues: first, the number of disputes arising from administrative law enforcement activities is increasing; second, the public's legal awareness and rights awareness are constantly increasing, and they hope to protect their legitimate rights and interests through administrative reconsideration, a simpler way.

administrative reconsideration is a supervisory system for the government system to correct errors by itself and a relief system for resolving administrative disputes. it is an important channel for safeguarding the legitimate rights and interests of the people and enterprises. "government system", "self-correction" and "legitimate rights and interests" are the key words, and are also the basis for better performance of administrative reconsideration.

"self-correction" comes from the administrative department's determination to turn the knife inward and strict supervision and control. before 2023, administrative reconsideration cases have always been less than administrative litigation cases. one of the reasons is that administrative reconsideration is a self-correction mechanism of administrative departments, and self-protection is inevitable.