《行政复议法》修改的几个重大问题

Several Major Issues in Amendment to Administrative Reconsideration Law

《行政复议法》的修改共识大于争议,行政复议体制、复议范围、复议程序、复议决定等重大制度都需要修改与完善。复议体制改革的关键是相对集中复议权并引入行政复议委员会,复议范围改革的重点是回应社会发展扩大复议范围,复议程序改革的关键是切实保障申请人的程序权利、建构公正复议程序制度,复议决定改革主要是回应实践需求使决定类型更为合理。

In consideration of the amendment to the Administrative Reconsideration Law, the consensus overweights the dispute, i.e. major issues such as the system, the scope and the procedure as well as the award of administrative reconsideration are all in need of amendment and improvement. The key of the system reform asks for a relative concentration of the reconsideration power into the administrative reconsideration committee; the core of the scope reform focuses on the scope enlargement to response to the social development; the emphasis of the procedure reform are the practical guarantee of the applicants＇ procedural right and the construction of a just reconsideration procedural system; and the main ambition of the award reform calls for more reasonable award types to satisfy the practical demand.