行政复议制度的动力分析及对策探讨——基于行政相对人的视角

Dynamic Analysis and Countermeasures to Administrative Reconsideration System——Based on the Perspective of Administrative Counterpart

行政复议制度已实施多年,其效果远未达到设计初衷,行政复议还没有成为人民群众维护自身权益的首选渠道。行政复议制度效果的检验标准必然应该包含行政相对人对行政复议制度的反馈。基于行政相对人的视角,探究其参与行政复议的动力所在,据此拟定相关对策,充分调动广大群众选择行政复议作为维权的制度渠道的积极性,既有利于行政复议救济功能的发挥,也有利于和谐社会的建设。

The system of administrative reconsideration has been implemented for many years, but the effect designed goal, and administrative reconsideration has not become the first channel to safeguard is far from its the rights and interests of the public. The feedback from administrative counterpart should be one of the important criterions for the system itself. Therefore, it is necessary to explore the motivation of participation and draw up counter- measures from the perspective of administrative counterpart, to fully mobilize the public to join in the administrative reconsideration system, which can not only play a significant role in the relief function of administrative reconsideration, but also in building a harmonious society.