The Dual Aspects of Administrative Reconsideration System from the Perspective of a Diversified Dispute Resolution Mechanism

Abstract

The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes. Under this framework, all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of “dispute resolution” in order to gain the trust of the concerned parties. It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the “diversified mechanism” to ensure that the concerned parties’ right of free choice can be substantially expanded. As one of the components of the “diversified dispute resolution mechanism,” the administrative reconsideration system should have the dual aspects of judicialization and administerization. The two aspects are not in a diametric opposition or trade_x005f off relation, but rather, they merely differ in observation perspectives, zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion. Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.

Keywords

administrative reconsideration / diversified dispute resolution mechanism / judicialization / administerization / main channel

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