试析我国行政复议中止制度

The predicament and perfection of the suspension system of administrative reconsideration in China

目前在我国,由于行政复议和应诉案件积压、复议程序过于封闭、复议资源配置不足以及行政复议中止审批权主体模糊等原因,导致行政复议中止的"兜底条款"被反复适用,以致出现行政复议中止程序滥用的现象。行政复议中止滥用的危害表现为大量的行政争议无法通过复议途径解决,行政复议救济渠道不畅,严重侵害了行政复议及时和便民原则。因此,我们应当从行政复议人员队伍专业化、完善公开公正的行政复议程序、引入行政复议中止定期评估制度以及明确行政复议中止审批权主体等四个方面对行政复议中止制度予以完善。

Suspension of administrative reconsideration means that the administrative reconsideration procedure shall be continued after the administrative reconsideration organ suspends the hearing of the reconsideration case after the legal situation is pointed out and the obstacles are removed.In practice,due to the backlog of administrative review and response cases,too closed review procedures,insufficient allocation of review resources and vague subject of administrative review suspension right,etc.,the "for the loss" clause of administrative review suspension has been repeatedly applied,and the abuse of administrative review suspension procedure has occurred.The harmfulness of administrative review suspension is manifested in the fact that a large number of administrative disputes cannot be solved through reconsideration,and the relief channels of administrative review are shrinking day by day,which seriously infringes the principle of administrative review being timely and convenient to the people.To this end,we should perfect the suspension of administrative reconsideration from four aspects:enriching the administrative reconsideration personnel,perfecting the open and fair administrative reconsideration procedure,introducing the system of periodic evaluation of suspension of administrative reconsideration,and clarifying the subject of the right of suspension of administrative reconsideration.