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行政复议在当今社会中应当发挥解决行政纠纷、化解官民矛盾的重要机能,但目前行政复议的公众认同感下降,办案质量不高,应然效果不彰。造成这一尴尬局面的原因是多方面的,但关键问题是现行管辖设置不科学、复议机构不合理、审理方式单一、审查程序不透明、办案人员素质不高。针对这些问题,积极回应解决行政纠纷的实际需要,可以从多个层面进行系统的完善,但这种重构应在坚持行政复议的“行政本色”而非司法化改造的框架内进行。
Administrative reconsideration in today’s society should play an important role in resolving administrative disputes and resolving the contradictions between officials and civilians. At present, however, public recognition of administrative reconsideration is declining, and the quality of handling cases is not high, so it should not be effective. The reasons for this embarrassment lie in many aspects. However, the key issues are the unscientific establishment of the current jurisdiction, the unreasonableness of the institution for reconsideration, the single mode of trial, the non-transparent examination procedure and the low quality of investigators. In response to these problems, the active response to the actual needs of resolving administrative disputes can be systematically improved from many aspects. However, such reconstruction should be carried out within the framework of “administrative nature” rather than judicial reform insisting on administrative reconsideration.