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行政复议和行政诉讼是行政法上两种最重要的救济制度和纠纷解决机制。纵观世界各国法治实践,受具体国情的影响,在二者衔接关系上,各国立法对行政复议和行政诉讼衔接的设置虽不尽相同,但总体上表现为穷尽救济原则和以当事人自由选择两种模式。我国由于行政法的研究起步较晚,导致我国行政复议与行政诉讼程序衔接关系纷繁复杂,其设置缺乏统一标准,两者的衔接关系存在一定的缺陷,不利于行政纠纷的及时化解和公民权益的有效维护。
Administrative review and administrative litigation are the two most important relief systems and dispute resolution mechanisms in administrative law. Looking at the practice of the rule of law in various countries in the world and under the influence of the specific national conditions, although there are differences between the cohesion of the two countries in the setting of the linkup between administrative reconsideration and administrative litigation, the overall performance of the principle of exhaustive relief and the freedom of choice by the parties Pattern. Due to the late start of the study of administrative law in our country, the cohesion relationship between administrative reconsideration and administrative procedure in our country is complicated and its setting lacks uniform standards. The cohesive relationship between the two has some defects, which is not conducive to the timely resolution of administrative disputes and the rights and interests of citizens Effective maintenance.