论文部分内容阅读
检视当下中国法律文本中有关申诉的规定,不难看出存在四种意义上的申诉权,即作为宪法基本权利的申诉、作为行政法上一种正式救济权的申诉、作为启动诉讼再审程序的申诉以及作为启动行政程序重开的申诉。行政申诉无论是作为唯一的行政救济方式还是与行政复议、行政诉讼相并列的行政救济方式而存在,对落实宪法基本权利的申诉权都具有至为重要的作用。为了有效保障行政申诉权的落实,今后应从完善申诉组织、健全申诉程序上进行努力。
Examining the relevant appeals in current Chinese legal texts, it is not difficult to see that there are four types of petitions in the sense of meaning: the petition as a fundamental constitutional right, the petition as a formal remedy right in administrative law, and the complaint as a procedure for initiating litigation retrial As well as complaints of reopening as administrative proceedings. Administrative appeals exist both as the only form of administrative remedies and administrative remedies that are tied to administrative reconsideration and administrative proceedings, and they are all crucial to enforcing the right of petition for fundamental constitutional rights. In order to effectively guarantee the implementation of administrative appeal rights, efforts should be made in perfecting the appeals organization and improving the appeal procedure in the future.