论行政复议机关实质性化解争议的角色与功能定位

On the Reform of Administrative Reconsideration System from the Perspective of the Main Channel of Administrative Dispute Resolution

文章以2020年《行政复议体制改革方案》确立的通过行政复议发挥化解行政争议主渠道作用的改革方针和党的二十大报告提出的中国式现代化战略部署为背景,围绕行政复议法征求意见稿第1条展开了四个层面的分析:一是行政争议化解的标准从拘泥于法律规定文本的形式法治阶段向力求实现政治、社会、经济与法治等方面效果平衡统一的实质法治阶段迈进;二是从行政争议化解职能重心迁移的角度,指出以发挥化解行政争议主渠道作用为目标指向的行政复议体制改革必须与人民法院四级职能定位改革尤其是行政审判职能的现代化改革同步配套进行;三是从主观权益救济法和客观法制监督法区分的理论维度探寻行政复议审查的标准与尺度结构,提出了行政复议制度特有的全面审查原则;四是从传统民本主义吏治文化与现代人权保障法治观念相结合的角度,指出本次行政复议体制改革所追求的中国特色性与世界先进性有机统一的理想目标。以上四个方面,体现了我国行政复议体制推行中国式现代化的动向。

The article takes the reform policy of administrative reconsideration as the main channel for resolving administrative disputes established in the 2020 Administrative Reconsideration System Reform Plan and the strategic deployment of Chinese path to modernization proposed in the report of the 20th National Congress of the Communist Party of China as the background, and focuses on the article 1 of the draft of the Administrative Reconsideration Law: first, the standards for resolving administrative disputes move from the formal rule of law stage that is bound to the text of legal provisions to the substantive rule of law stage that strives to achieve balance and unity in political, social, economic and rule of law effects. Second, from the perspective of the shift of the focus of the administrative dispute resolution function, it is pointed out that the reform of the administrative reconsideration system aimed at playing the role of the main channel for resolving administrative disputes must be carried out simultaneously with the reform of the four-level functional positioning of the people’s courts, especially the modernization reform of the administrative trial function. Third, the standard and scale structure of administrative reconsideration review are explored from the theoretical dimension of the distinction between the subjective right and benefit relief law and the objective legal supervision law, and the comprehensive review principle unique to the administrative reconsideration system is proposed. Fourth, from the perspective of combining the traditional doctrine of people-centrality culture of bureaucracy with modern human rights protection and the concept of rule of law, it is pointed out that the ideal goal of organic integration of Chinese characteristics and world advanced nature pursued by this administrative reconsideration system reform is pointed out. These four points reflect the trend of China’s administrative reconsideration system to promote Chinese-style modernization.