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行政复议制度承载着行政救济和行政监督的双重制度功能,它是我国行政法制建设的重要制度资源,在社会生活中发挥着积极的作用。虽然新中国成立以来我国的行政复议制度在社会主义法制进程中不断地发展和完善,但在立法和行政复议实践中,仍然存在诸如“复议机构独立性差、复议受案范围小、审查方式单一、复议人员专业性差以及众多程序性保障制度严重缺失等”严重制约行政复议制度功能发挥的问题,亟待我们解决。
The system of administrative reconsideration carries the dual institutional functions of administrative remedy and administrative supervision. It is an important institutional resource for the construction of administrative legal system in our country and plays an active role in social life. Although the system of administrative reconsideration in our country has been continuously developed and perfected since the establishment of the People’s Republic of China in the course of the socialist legal system, there still exist some problems in the legislative and administrative reconsideration practices such as “the independence of the reconsideration body is low, the scope of the reconsideration is small, The poor professionalism of the review workers, and the serious lack of a large number of procedural safeguards systems. ”The problems that seriously restrict the functions of the system of administrative reconsideration need to be solved urgently.