Should the Administrative Reconsideration Move Towards Judicature:A Literature Review of Debates About the Justice Reform of Administrative Reconsideration

The research has found that a fierce debate about “should the administrative reconsideration move towards judicature?” has occurred, through the review of“justice of administrative reconsideration”as the theme of the literature. Some scholars support the judicial reform because they think there are some problems existed in the non-judicial administrative reconsideration and there are necessity and feasibility for the judicial reform. So they put forward the corresponding reform path. Some scholars, against the judicial reform, argue that the administrative reconsideration has its own characteristics and they point out that the judicial reform will produce the corresponding problems, so they raise some methods to improve them. And there is a neutral point of view proposing the concept of “limited judicial reform” which advocates the use of non radical progressive methods to improve and perfect the existing administrative reconsideration.