行政复议是否应该走向司法化——有关行政复议司法化改革争论的文献综述

Should the Administrative Reconsideration Move Towards Judicature:A Literature Review of Debates About the Justice Reform of Administrative Reconsideration

通过对以"行政复议司法化"为主题的文献进行综述,发现学者们围绕"行政复议是否进行司法化改革"展开激烈争论。支持司法化改革一方认为:传统非司法化行政复议存在问题,司法化改革有必要性与可行性,并提出相应改革途径。反对司法化改革一方则推崇行政复议本身特征,指出司法化改革会产生相应问题,并提出相关的完善方法。另有一种中和的观点,提出"有限司法化"的概念,提倡用非激进的渐进方法对现有的行政复议进行改革与完善。

The research has found that a fierce debate about “should the administrative reconsideration move towards judicature?” has occurred, through the review of“justice of administrative reconsideration”as the theme of the literature. Some scholars support the judicial reform because they think there are some problems existed in the non-judicial administrative reconsideration and there are necessity and feasibility for the judicial reform. So they put forward the corresponding reform path. Some scholars, against the judicial reform, argue that the administrative reconsideration has its own characteristics and they point out that the judicial reform will produce the corresponding problems, so they raise some methods to improve them. And there is a neutral point of view proposing the concept of “limited judicial reform” which advocates the use of non radical progressive methods to improve and perfect the existing administrative reconsideration.