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行政复议作为一种解决行政争议的救济途径,其公信力问题在实践中陷入了困境,对其的修改也日益提上了日程。其中对行政复议法的重新定位以及行政复议委员会的设立成为了学者们达成的修改共识。具体而言,行政复议的法律定位不再是一种行政内部监督机制,而应是一种司法化的救济方式,行政复议委员会的设立就是对行政复议司法化定位的一个重要反映,对其的设立可以解决目前行政复议法所面临的各种困境,使行政复议能真正发挥其应有的作用。
Administrative reconsideration, as a remedy for resolving administrative disputes, has its credibility confused in practice, and its revision has been increasingly put on the agenda. Among them, the reorientation of the administrative reconsideration law and the establishment of the administrative reconsideration committee became the consensus reached by scholars. To be specific, the legal orientation of administrative reconsideration is no longer an internal administrative oversight mechanism but a judicial remedy. The establishment of the Administrative Reconsideration Committee is an important reflection on the judicial orientation of administrative reconsideration. The establishment of the administrative reconsideration law can solve all kinds of difficulties that the current administrative reconsideration law faces, so that the administrative reconsideration can really play its due role.