行政救济制度之完善

Improvement of Administrative Relief System

行政救济最重要的三项法律制度:行政诉讼、行政复议和国家赔偿,已建立实施多年,随着社会和经济建设的发展,三项制度很多方面都已不适应实践的需要。《国家赔偿法》已于2011年修改,《行政诉讼法》和《行政复议法》也亟需改革和完善。作为同是解决行政争议、化解社会矛盾的两项制度,有同有异,但具有内在的联系,应该对之作比较性研究,以期这两项制度在保护公民权利、有效化解社会矛盾中更能实现其积极效应。

The most important three legal systems of administrative relief, i.e. the administrative litigation, administrative reconsideration and state compensation, had been implemented for many years that which are not available in many aspects for current practical needs due to the development of society and economic construction. The same as the State Compensation Law which was modified in 2011, the Administrative Litigation Law and the Administrative Reconsideration Law need reform and improvement too. Also being the systems of solving administrative disputes and social conflicts, although there are separate features, there is still inner connection between these two systems. Therefore, the comparative study should be done to make these two systems more active in citizen right protection and social conflicts solution.