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一行政复议作为一项与行政诉讼相衔接的用以解决行政争议的制度,在我国行政法律体系中,其地位已显得越来越重要。然而,据笔者初步调查了解,《行政复议条例》自1991年1月1日施行近5年来,某市所属5个县级复议机关均没有复议过一起行政案件。从表面上看,县级政府没有复议案件是好事,说明行政机关依法行政的自觉性强,执法水平高,对行政相对人和事件处置得当,致使没有人提起复议。但透过现象看本质,就会发现现实生活中往往存在着一种现象掩盖着另一种现象的倾向。
As an administrative reconsideration system to resolve administrative disputes, an administrative reconsideration system has become more and more important in our administrative legal system. However, according to the author’s preliminary investigation, no administrative case has been reconsidered in the five county-level reconsideration agencies under the Municipal Administrative Reconsideration Regulation since it was implemented on January 1, 1991 for nearly five years. On the surface, the failure of the county government to reconsider the case is a good thing. It shows that the administrative organs are more conscious of their administration according to law and have a high level of law enforcement. They have properly handled the administrative counterparts and incidents and nobody has brought a reconsideration. However, by looking at the essence of phenomena, we can find that there is a tendency in real life to conceal one phenomenon from another.