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当前国土资源行政复议办案实践表明,申请人因不服政府及相关部门土地征收行为而提起行政复议的案件逐年增多。《国务院关于加强法治政府建设的意见》(国发〔2010〕33号)明确指出:“要充分发挥行政复议在解决矛盾纠纷中的作用,努力将行政争议化解在初发阶段和行政程序中”。本文结合国土资源行政复议办案实践,从国土资源法治一般规律与特殊矛盾两个方面,对土地征收行政复议案件中涉及的行政行为能否申请行政复议问题进行分析,并提出相关建议,为进一步健全完善我国《行政复议法》及其配套政策法规,充分发挥行政复议在解决矛盾纠纷中的作用提供参考。
At present, the practice of administrative reconsideration of land and resources shows that the number of cases filed by the applicants for administrative reconsideration due to their refusal to accept land acquisition by the government and relevant departments has been increasing year by year. The “Opinions of the State Council on Strengthening the Construction of a Government Ruled by Law” (Guo Fa [2010] No. 33) clearly states: “We must give full play to the role of administrative reconsideration in resolving conflicts and disputes, and strive to resolve administrative disputes in the initial stages and administrative procedures ”. Combining the practice of administrative reconsideration of land and resources, this paper analyzes whether administrative actions involved in the administrative reconsideration cases of land expropriation can apply for administrative reconsideration from the two aspects of the general rule of law of land resources and the special contradictions, and puts forward some suggestions to further improve the administrative reconsideration. Improve China’s “Administrative Review Law” and its supporting policies and regulations, and give full reference to the role of administrative reconsideration in resolving conflicts and disputes.