试论我国行政复议官制度的创建

On the Establishment of Administrative Reconsiderer System in China

推进行政复议制度改革,应当重视复议人才队伍建设,建立行政复议官制度。没有一个稳定、可持续、专业的行政复议官群体,行政复议便缺乏必要的人才队伍支撑,便无法充分发挥行政复议“化解行政争议主渠道”的作用。对此,可参照《法官法》的规定,比照法官的选拔、考核和管理,对行政复议官设定若干职级,明确其任职资格,规范其权利义务,打通上、下级行政复议机关的行政复议官及其与法官、律师之间的交流渠道,在突出行政复议的行政性、行政复议官是行政公务人员这个基本属性的前提下,彰显其司法性的一面,给行政复议官一个专业化、职业化的可持续发展空间。

Without a stable, continuous and professional group of administrative reconsideration officials, administrative reconsideration will lack the support of a rich talent team, and it will not be able to give full play to the role of administrative reconsideration as the “main channel for resolving administrative disputes”. In this regard, we could refer to the provisions of the judge law, setting a number of ranks for administrative reconsideration officials by reference to the selection, assessment and management of judges, clarifying their qualifications, standardizing their rights and obligations, opening up the channels of circulation between administrative reconsideration officials of superior and subordinate administrative reconsideration organs and judges and lawyers, and highlight the administrative nature of administrative reconsideration. Under the premise of the basic attribute of administrative public servants, the administrative reconsideration officer shows its judicial side and gives the administrative reconsideration officer a professional and professional space for stable development.