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源于瑞典的监察专员制度,在社会变迁和行政法的变革过程中被不断改造,适应了控制行政权、保障公民基本权利的需要,被世界上许多国家广泛接受,在实践中发挥了独特的作用。本文从行政法内部视角发掘监察专员制度获得普遍适应性的根本原因和各种监察专员制度的共性,提出应借鉴监察专员制度,改造现有的信访制度,使之与行政复议、行政诉讼一起构成协同运作的公共申诉处理机制。
The ombudsman system originating from Sweden has been constantly transformed in the process of social changes and the reform of administrative law and has adapted to the need of controlling the executive power and guaranteeing the basic rights of citizens. It has been widely accepted by many countries in the world and has played a unique role in practice effect. This article explores the basic reason why universal access to ombudsman system from the perspective of administrative law and commonalities among various ombudsman systems. It proposes that reference should be made to the ombudsman system to reform the existing system of letters and visits so that it can be combined with administrative review and administrative litigation Collaborative public appeal handling mechanism.