There are more frequent activites between the Taiwan Area and the Mainland Area (two sides hereinafter) than before. In addition to tourism, visiting his/her relatives … etc. There are a lot of Taiwanese who engage in trading activities also in Mainland Area should relize the legal system and process of the Mainland Area. Basically speaking, the legal system of the Mainland Area is based upon “Socialism”. Actually, it has been developed as a “socialist political party system with Chinese characteristics” in recent year . It is different from our system. That is to say, we have totally different political system, including laws and regulations. In order to help Taiwanese to make use of the administrative appeal system which is called “The Law on Administrative Reconsideration” in China on the mainland area when they incur problem. This study will make a comparative analysis on both administrative appeal system.
This text introduces about the legislative history of the administrative appeal system and mentions about the legislative idea, development in detail. Putting stress on the comparative analysis of the administrative appeal system between two sides, such as categories, parties, objectives, jurisdiction, the principles of examination, the scope of duties for finding the facts, the rights of the parties, suspending reasons, administrative appeal decision and validity, remedies and reasons for conclusion … etc. Moreover, we can observe the potential problem of the administrative appeal system in Mainland Area by means of our practice experience. In the meanwhile, we are looking forward to tell apart the advantages and disadvantages on both systems. Furthermore, we also can learn from each others’ advantages and prevent from disadvantages.
In nowadays, the value of the main streaming in morden society focuses on protecting the right of people, human right and public interest. Under such circumstances, this text also provide some suggestions for both existing administrative appeal system respectively.