论新时代行政复议的功能定位及其评价体系

On the Functional Orientation and Evaluation System of Administrative Reconsideration in the New Era

行政复议的功能定位涉及行政复议法立法目的及行政复议的具体体制机制设计。行政复议法修订工作正在进行中,解决好功能定位问题,对于发展并完善符合国情的中国特色行政复议制度尤为关键。行政复议和行政诉讼都兼具化解争议、监督权力和救济权利的功能,但应各有侧重。新时代背景下,要从全面推进依法治国、加快法治政府建设和推动国家治理体系和能力现代化的高度,把握行政复议作为行政司法行为的法律属性,将化解行政争议作为行政复议的基础功能,同时突出其发挥监督依法行政、助力法治政府建设的功能,使行政复议能够在全面推进依法治国进程中更好地发挥作用。

The functional orientation of administrative reconsideration involves the purpose of administrative reconsideration legislation and the design of specific system and mechanism.The amendment of the Administrative Reconsideration Law is in progress.Solving the problem of functional orientation is particularly crucial to reconstructing an administration reconsideration system with Chinese characteristics which conforms to Chinese national conditions.Both administrative reconsideration and administrative litigation fulfill the functions of dispute resolution, power supervision and remedy rights but they shall have their own focus.In the new era, we should understand the legal attribute of administrative reconsideration as an administrative judicial act and regard the resolving of administrative disputes as the basic function of administrative reconsideration, in a bid to promote rule by law, accelerate the construction of law-based government and facilitate modernization of the national governance system and capabilities.Meanwhile, we should highlight the function of supervising law-based administration and helping with law-based government construction to make administrative reconsideration function better in the process of comprehensively boosting rule by law.