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澳大利亚的行政法体系主要由行政申诉庭制度、司法审查制度、欧巴斯曼制度、行政公开制度等组成,其中最为关键的是行政申诉庭制度与司法审查制度,前者侧重于实质性审查,后者侧重于法律审查。行政申诉庭法律人员和专业人员的组成保证了申诉庭能够胜任事实问题及自由裁量权的审查,灵活的程序和证据制度保证了该制度经济、快速地解决纠纷。而实质性审查和法律审查的区分,保证了行政申诉庭拥有了与原决定作出者相同的权力,同时使得法官们能够将精力集中于行政决定的法律问题的审查上。行政申诉庭制度对我国行政复议制度的完善和改革具有一定的借鉴意义。
The system of administrative law in Australia is mainly composed of administrative appeals system, judicial review system, Oprahman system and administrative public system. The most important is the system of administrative appeals system and judicial review system. The former focuses on the substantive examination and the latter The focus is on legal review. The composition of the lawyers and professionals in the administrative appeals court ensures that the appeals court is capable of reviewing factual issues and discretion. The flexible procedural and evidential system ensures that the system is economically and promptly resolves disputes. The distinction between substantive examination and legal examination guarantees that the administrative appeals court has the same powers as the original decision makers and at the same time enables the judges to focus their attention on the review of legal issues in administrative decisions. The system of administrative appeals court has some reference to the perfection and reform of the administrative reconsideration system in our country.