“高效”而非“公正”:行政复议改革方向的选择

Higher Efficiency but not More Fairness:Direction of Reformation of Administrative Reconsideration

"行政复议公正化"是目前行政复议改革的主流方向,但这一方向在合理性、可行性等方面仍存在问题。行政复议改革应当追求"高效化",即在保证最基本公正的基础上着力增加行政复议的效率。行政复议高效化综合考量了复议制度的特殊性和行政纠纷解决体系的完整度,实现了内部逻辑自洽。它也观察到了"公正化"运行的实际困难、复议申请人的实际需求、行政机关的权威地位和民众的社会心理,符合实践状况。同时,它纠正了以往学界对行政复议域外经验的错误认识,真正地与域外经验相吻合。建议复议管辖集中化、人员组成专业化、审查方式分类化、责任追究司法化,以构建高效化的行政复议制度。

The direction of the reformation of administrative reconsideration is to increase its fairness. However, there are still problems in rationality and feasibility in this direction. The reform of administrative reconsideration should pursue ＂high efficiency＂, that is, to increase the efficiency of administrative reconsideration on the basis of guaranteeing the most basic justice. The high efficiency of administrative reconsideration takes into account the particularity of the reconsideration system and the integrity of the administrative dispute resolution system, and realizes the internal logic self consistency. It also observes the practical difficulties of ＂impartial＂ operation, the actual needs of the applicants for reconsideration, the authoritative status of the administrative organs and the social psychology of the people, which conforms to the practical situation. At the same time, it corrects the wrong understanding of the past academic circles on the extraterritorial experience of administrative reconsideration, and truly coincides with the extraterritorial experience. It is suggested that the centralization of jurisdiction, the specialization of personnel composition, the classification of examination methods, and the judicialization of accountability should be reconsidered in order to construct an efficient administrative reconsideration system.