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大陆行政复议制度自1990年确立以来,成为行政救济的主要渠道,但行政复议制度没有发挥出其应有的自我纠错、及时解决行政争议的作用。同样性质的台湾地区诉愿制度在对行政机关自我省察、诉愿人权利保障等方面做了详细的规定,及时疏解了行政纠纷、有效保护了民众权利。大陆行政复议法与台湾地区相关规定相比较而言,缺少更为便捷、畅通、中立的自我纠错途径,在复议申请人权利救济方面还有待作出更具操作性的规定。
Since China’s system of administrative reconsideration has been established in 1990, it has become the main channel for administrative remedies. However, the system of administrative reconsideration has failed to exert its due self-correction and timely resolution of administrative disputes. The system of petitions in Taiwan of the same nature has stipulated in detail the self-inspection of the executive authorities and the protection of the rights of the petitioners, and has promptly cleared administrative disputes and effectively protected people’s rights. Compared with the relevant provisions in Taiwan, mainland China’s administrative reconsideration law lacks a more convenient, smooth and neutral approach to self-correction. It still needs to make more operational provisions in reconsideration of the remedies for the rights of applicants.