在WTO规则下如何完善行政复议制度

How to Perfect the Administrative Reviewing System under WTO Regulations

随着行政管理活动的法制化,行政复议的范围正在逐步扩大,行政复议制度的作用日益重要;在其实施过程中收到的成效亦显而易见,但仍存在着一些问题。在不断推动中国法治建设的进程中,中国入世对现行的行政复议制度既是机遇也是挑战。本文以WTO对行政复议法的要求为视角,从行政复议制度的基本范畴及WTO对其要求着手,管窥WTO规则下行政复议制度完善的基本思想和实现途径。

With the legalization of the administrative supervising activities, the range of the administrative review is being expanded gradually, and the system is becoming increasingly important. The benefit resulting from its appliance is also obvious. However, there still exist some problems. In the process of promoting the legal construction in China, its entry into WTO is an opportunity as well as a challenge to the actual administrative reviewing system of China. Viewing from the requirements to the administrative reviewing system by WTO and based on the basic category of the system and the requirements to it by WTO, the paper probes into the guiding notion and the realization of the perfection of the administrative reviewing system under the regulations of WTO.