自2008年国务院决定在全国8个省、直辖市开展行政复议委员会试点工作以来全国展开了关于行政复议委员会制度的大讨论。然而由于我国行政复议委员会制度处于试点阶段,理论基础和体制建设方面存在诸多缺陷,导致其在试行中面临着诸多问题,有必要对其性质、职能权限以及运行机制等方面进行探讨。 Since the State Council decided in 2008 to carry out pilot projects of the Administrative Review Committee in eight provinces and municipalities throughout the country, there has been a nationwide debate on the system of the Administrative Review Committee. However, due to the defects in the pilot phase, theoretical foundation and system construction, the system of our country’s administrative review committee faces many problems during the trial implementation. It is necessary to discuss its nature, functional authority and operating mechanism.