《行政复议法实施条例》第13条将批准机关确定为复议被申请人,尽管对法律制度和行政实践状况做了最大限度的关照,凸显了应有的理论正当性和实践理性,但毕竟违背了行政行为成立、生效、名义与责任等基本法理,没有考虑批准的性质和复杂内涵对复议被申请人确定的应有影响,且与行政复议法、行政诉讼法及相关司法解释相抵触,尤其是它实质上剥夺了相对人对报批并对外署名的下级机关的复议申请权,在“复议必经”的情况下,这也等于剥夺了相对人对报批的下级机关最终行为的诉权。应本着为相对人提供充分救济和复议选择权的原则,尽量将报批机关与批准机关设计为共同被申请人,并对实施条例的三个条款做针对性修改。 Article 13 of the “Regulations for the Implementation of the Administrative Reconsideration Law” will be approved by the authorities to review the respondent, despite the legal system and administrative practice to do the utmost to take care of the situation, highlighting the due theoretical legitimacy and practical rationality, but after all, contrary to The basic law of establishment, entry into force, name and responsibility of the administrative act, without considering the nature and complexity of the approval, should have an impact on the reconsideration of the respondent and is in conflict with the Administrative Review Law, the Administrative Procedure Law and the relevant judicial interpretations, It is essentially depriving the relative of the right to apply for reconsideration of the subordinate organ for approval and signature. In the case of a “reconsideration of a must”, this also amounts to depriving the relative of the right of action against the final act of subordinate organ for approval. In accordance with the principle of providing adequate remedies and reconsideration options for relative persons, try their best to design the approval authorities and approval authorities as co-respondents and make targeted changes to the three articles of the implementing regulations.