Abstract

The research on the function of administrative reconsideration origins from the concern about its lacking efficiency in China. The academic circle has already started the reflection and reconstruction toward it，while some scholars have even touched into the re-orientation of its function. However，a concentrated research is still nece ssary，considering the outstanding significance of the functionary study in the whole administrative reconsideration theory.

This paper，taking system theory as supporting background，structural functionalism as fundamental framework，and normative research as analytical method，mainly focuses on two issues. One is about the detailed functions of administrative reconsideration，which may offer an understanding approach to both choice and realization for the functions. The other is about the factors that may influence the achievement of the functions. It helps the functionary orientation and systematic design to administrative reconsideration. In details，the research consists of four steps：

Firstly，with comparative perspective，the paper analyzes the hierarchical structure of administrative reconsideration system and categorizes two basic models with their intermediate form，aiming at materialization and classification of administrative reconsideration structures.

Secondly，according to structural analysis，it elaborates the function within the applicant，the respondent，the reconsideration organ and the court respectively. Not only paying attention to the categorization of structure，but also importing the approach of combination functionary purpose with practicing mechanism，it then illustrates the requirements of specific system to fulfill the functions of administrative reconsideration.

Thirdly，based on the analysis on developing situation for three typical models of stated-oriented administrative reconsideration system，the paper concludes the external factors which influence the achievement of the functions of administrative reconsideration.

Fourthly，standing on the Chinese background，this research tries to answer why the administrative reconsideration lacks of efficiency now and how to resolve this problem in the future. To consider both remedy and supervision in sense of functionary orientation，to transform from basic model to intermediate form in sense of structure system，and to balancing between justice and efficiency in mechanism design，might appear as a feasible approach to maximize the functionary achievements for administrative reconsideration.

Key Words：Administrative reconsideration，Function，Right remedy，Supervision，Dispute Resolution