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本文回顾了中国行政复议制度的规范变迁史,并阐述了《行政复议法》颁行前后行政复议制度实施情况的变化。《行政复议法》颁行后,行政复议制度一度呈现良好的发展势头,但最近几年又遭遇回潮,其根本原因在于行政复议制度的公正性与公信力问题。对此,我们应当从体制和程序两方面进行改革:在体制方面,应建立相对独立的行政复议委员会制度;在程序方面,应当借鉴司法程序进行完善,并且注重发挥行政复议制度所潜在的政治功能。
This article reviews the history of the normative changes in China’s administrative review system and expounds the changes in the implementation of the administrative review system before and after the promulgation of the Administrative Review Law. After the “Administrative Reconsideration Law” was enacted, the administrative reconsideration system showed a good momentum of development at a time. However, the system of regaining its resumption in recent years was mainly due to the fairness and credibility of the system of administrative reconsideration. In this regard, we should carry out reforms both in terms of system and procedure: in the aspect of system, we should establish a relatively independent system of administrative review committees; on the procedural aspect, we should make use of judicial procedures to make improvements and pay attention to exerting the potential political functions of the system of administrative reconsideration .