复议机关作被告制度的问题研究

Study on the Issue of Review Agency as Defendant

复议机关作被告在我国行政诉讼制度中一直存在着各种争论。对于复议机关作被告,专家、学者也是仁者见仁、智者见智。从一个实践者的角度,对现行复议机关作被告的制度缺陷、复议机关作被告的理论争议及取消复议机关作被告的配套制度设计三大方面进行探讨。

As the defendant of the review agency,there have been various disputes in Chinese administrative litigation system.Experts have different views for the system.From the perspective of a practitioner,the author analyses for three major aspects of the current system of review agency as defendant.They are institutional defection,the theoretical dispute of the review agency as the defendant,and the cancellation of the supporting system of the review agency as the defendant.