我国行政复议机构的困境和出路

Administrative Reconsideration in China: Dilemma and How to Get Rid of It

指出行政复议机构存在的问题是导致我国行政复议实践效果不佳的一个重要原因。《行政复议法》实施以后,虽然对复议机构的职权规定和机构设置有了明显的改进,但仍没有达到预期效果。分析了现行行政复议机构设置与运作中的不足,从复议机构的职能优化、设置原则、模式构建及完善立法等方面对现行复议机构的改革提出了建议,旨在摆脱当前复议困境,有效实现复议目的。

The defect found in administrative reconsideration setups is one of the important reasons of the unsatisfactory effect of China's administrative reconsideration system at present. After the enforcement of the 'Law of Administrative Recon-sideration', there are still heap reproaches on the verdicts announced by the reconsideration setups though a considerable progress has been made in the division of power and function and the setup of institution. Analyzing the shortcomings of existing reconsideration setups, a suggestion is put forward to optimize the function of administrative reconsideration setups and perfect the relevant legislative reform which is long overdue, with the aim to get rid of the dilemma of China's administrative reconsideration system so as to make it more effective.