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《国务院关于加强法治政府建设的意见》(以下简称《意见》)中提出“充分发挥行政复议在解决矛盾纠纷中的作用,努力将行政争议化解在初发阶段和行政程序中”。然而,由于《行政复议法》制定之初对行政复议制度性质作出的内部层级监督机制定位及由此带来的刻意反司法化制度构建
“Opinions of the State Council on Strengthening the Construction of a Government Ruled by Law” (hereinafter referred to as the “Opinions”) put forward the idea of “giving full play to the role of administrative reconsideration in resolving conflicts and disputes and working hard to resolve administrative disputes in the initial stage and administrative procedures.” However, due to the positioning of the supervisory mechanism at the internal level made by the nature of the system of administrative reconsideration at the beginning of the formulation of the Administrative Reconsideration Law and the consequent deliberate anti-judicial system