编辑同志: 我院在审理一起行政上诉案件中发现,原审裁定不予受理的结果是正确的,但裁定理由和适用的法律是错误的,二审法院对该案如何审结有两种意见:一种认为,为保护当事人的上诉权利,应撤销一审裁定,发回原审人民法院重新进行立案审查。 Editorial Comrades: In our hearing of an administrative appeal case, our court found that the result of the original hearing decision is inadmissible. However, the reasons for the ruling and the applicable laws are wrong. The court of second instance has two opinions on how to conclude the case: one He believes that in order to protect the party’s right of appeal, the ruling of first instance should be rescinded and be sent back to the people’s court of the original instance for re-examination of the case.