“主渠道”视角下“行政复议”面临的困境及完善路径

The Predicament and Improvement Path of “Administrative Reconsideration” from the Perspective of “Main Channel”

随着法治建设的发展和深入,人们开始把行政复议与推进法治政府建设、建设社会主义法治国家相联系。传统的行政争议解决机制主要依赖于行政复议、行政诉讼以及信访,其在化解行政纠纷、纠正行政违法,维护公民利益和社会和谐稳定,推进依法行政、法治中国建设方面发挥了重要作用。据统计,自行政诉讼和行政复议制度确立以来,信访比例依然居高不下,年均100万件。“大信访、中诉讼、小复议”的局面,反映了社会公众在寻求争议解决方面对政府的不信任,行政复议在实质性解决争议方面面临困境。2020年中共中央全面依法治国委员会第三次会议审议通过《行政复议体制改革方案》,明确将行政复议作为解决行政争议的主渠道,充分发挥行政复议在化解争议方面的科层组织、专业知识、高效快捷、便民便宜、资源配置等一系列优势,能够更及时、更有效地处理与社会稳定密切相关的行政争议。

With the development and deepening of the construction of the rule of law, people began to associate administrative reconsideration with the promotion of the construction of a government under the rule of law and the construction of a socialist country under the rule of law. The traditional administrative dispute resolution mechanism mainly relies on administrative reconsideration, administrative litigation and letters and visits, which have played an important role in resolving administrative disputes, correcting administrative violations, safeguarding the interests of citizens and social harmony and stability, and promoting administration by law and the construction of China under the rule of law. According to statistics, since the establishment of the administrative litigation and administrative reconsideration system, the proportion of letters and visits has remained high, averaging 1 million per year. The situation of “big petitions, medium lawsuits, and small reconsiderations” reflects the public’s distrust to the government in seeking dispute resolution, and administrative reconsideration faces difficulties in substantively resolving disputes. In 2020, the 3rd meeting of the Committee for Comprehensively Governing the Country by Law of the Central Committee of the Communist Party of China reviewed and approved the “Administrative Reconsideration System Reform Plan”, which clearly identified administrative reconsideration as the main channel for resolving administrative disputes, and gave full play to the bureaucratic organization, professional knowledge, and expertise of administrative reconsideration in resolving disputes. A series of advantages such as high efficiency, convenience and cheapness, resource allocation, etc., can handle administrative disputes closely related to social stability in a more timely and effective manner.