Perfection in Explaining System of Administrative Reconsideration———A Case Study of114 Verdicts of Administrative Reconsideration from Shanghai People’s Government

When making a verdict of administrative reconsideration, the departments in charge of this reconsideration should give the reason, which is request of the normal procedure of administrative law as well as the requirement for construc- tion of a authoritative government. Due to the legislative imperfection of China, the explaining practice of administrative recon- sideration is far from satisfaction. Through reference to the foreign explaining system, the explaining content of Chinese ad- ministrative reconsideration should include four aspects: facts and proof, laws, inference statements and verdict. Meanwhile, it should be in accordance with the criterion of conformity, explicitness and adequacy. At present, China is at the stage of re- formation and transformation of administrative reconsideration system. We should take this opportunity and perfect the explai- ning system of administrative reconsideration, and offer the basis for the verdicts of administrative reconsideration.