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《行政复议法》首次将抽象行政行为纳入到行政复议制度中来,是我国行政制度的一大突破。但在实践中该项制度存在可复议范围低层次性的缺陷。尤其是我国加入WTO后,行政复议制度更应该和世界法制接轨;扩大行政复议范围是来自理论界和实践界共同的呼声。为顺应这一历史潮流和发展趋势,本文主张将行政规章纳入到行政复议当中来。
For the first time, the Administrative Reconsideration Law incorporates abstract administrative actions into the system of administrative reconsideration, which is a major breakthrough in China’s administrative system. However, in practice, there is a shortcoming of the system that can be reconsidered in a low-level scope. Especially after China’s accession to the WTO, the system of administrative reconsideration should be more in line with the world legal system; to expand the scope of administrative reconsideration comes from the common calls of theorists and practitioners. In order to conform to this historical trend and development trend, this article advocates the incorporation of administrative regulations into the administrative review.