我国行政复议法的几点缺陷及完善

Some Deficiencies in Law of Administrative Reconsideration in China and Its Improvement

我国行政复议法较之于过去行政复议条例有许多优点,但仍存在某些不足。表现在:行政复议的范围仍过狭窄;未设立声明异议制度;缺失行政复议的配套制度;缺失行政复议的不加重原则。针对上述不足,进一步扩大受案范围;借鉴德、日声明异议制度的规定;健全行政复议的配套制度;明确行政复议的不加重原则等,对充实完善我国行政复议法律制度不无积极意义。

Compared with the former Law of Administrative Reconsideration in China, the current one has more advantages. But there are still some deficiencies in it, which are reflected as follows: its range is limited ; the rules of declaration of objection are not included in it ; it lacks the complete sets of the rules and the principle of not increasing more serious punishment . In view of these deficiencies , we should supplement the law with some rules concerned so that it will be better and more perfect .