我国行政复议管辖体制的若干思考

Some Reflections on Our Country's Administrative Reconsidering Jurisdiction System

我国现行行政复议管辖体制基本上是基于领导权而确定,这种"官本位"的行政级别管辖模式越来越遭到学者们的质疑和否定。行政复议管辖应该是源于监督权而不是领导权。在我国,借鉴西方发达国家的经验,建立起具有独立地位的行政复议委员会来审理行政复议案件,对于构建社会主义和谐社会有百利而无一弊。

Our country＇s administrative reconsidering Jurisdiction system is basically decided according to the leadership. Such ＂official rank standard＂ administrative model is more and more called in question and negated by scholars. Administrative reconsidering jurisdiction should be originated from authority to supervise but not leadership. In our country, it has many interests without any harm for the construction of socialist harmonious society to set up administrative reconsidering committee who has the independent position to judge the administrative reconsidering jurisdiction case by borrowing the experience from the developed Western countries.