论文部分内容阅读
目前的行政复议制度运行失灵,存在的问题及其原因已经众所周知,理论界和政府对改革行政复议制度的必要性也已达成共识,然而改革的路径选择却有不同的看法,但多数论者都意图通过强调行政复议机构的独立和复议程序的公正来寻求行政复议制度的活力。可是,就中国改革的现实国情,过于强调机构独立的思路似乎难以操作。通过具体的制度设计,彰显行政公开的原则,用阳光监督来保障行政复议过程的公平正义,不失为一种较好的路径选择。
The current system of administrative reconsideration fails. The existing problems and their causes are well known. Both theorists and the government have reached a consensus on the necessity of reforming the system of administrative reconsideration. However, there are different opinions on the path to reform, but most of the commentators The intention is to seek the vitality of the system of administrative reconsideration by emphasizing the impartiality of the independent and reconsideration procedures of the administrative review body. However, regarding the actual conditions of China’s reform, it seems that the idea of over-emphasis on institutional independence seems to be very difficult to operate. Through specific system design, highlighting the principle of administrative openness and using sunshine supervision to ensure the fairness and justice in the process of administrative reconsideration, it is a better choice of path.