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新时期社会矛盾多发,特别是与政府有关的纠纷增多。对老百姓而言,是去信访,还是打官司,还有没有其他的渠道?对政府而言,应当从何处入手预防和化解行政纠纷?行政复议本应是政府利用自身优势、公正便捷解决行政纠纷的有效途径,这也是世界各国的经验做法。然而,我国的行政复议由于制度设计的偏差,困境重重,未能发挥应有的作用。2007年国务院《行政复议法实施条例》颁布实施后,行政复议制度运行有所起色。《行政复议法》颁布至今11年有余,其修改已列入国务院立法计划,各地也在多个方面进行探索和改革,理论界和实务界在诸多问题上正在形成共识,行政复议制度的发展前景日趋明朗。本刊特约北京市人民政府法制办公室副主任李灵雁、西北政法大学行政法学院院长王周户教授、中国人民大学诉讼法学研究院王万华教授对信访和行政复议的关系、行政复议的功能和定位,以及行政复议改革的具体内容进行深入探讨。
There are many social conflicts in the new era, especially with the government. For the common people, is to petition, or litigation, there is no other channels? For the government, where should start to prevent and resolve administrative disputes? Administrative reconsideration should be the government to use its own advantages, just and easily solve the administrative The effective ways of disputes are also the experience of all countries in the world. However, the administrative reconsideration in our country has not been able to play its due role because of the deviation of system design. After the promulgation and implementation of the “Regulations for the Implementation of the Administrative Reconsideration Law” promulgated by the State Council in 2007, the administrative reconsideration system has seen some improvement. The “Administrative Reconsideration Law” has been promulgated for more than 11 years and its amendment has been included in the legislative plan of the State Council. Various localities also conduct exploration and reform in various aspects. Theoretical circles and practical circles are making consensus on many issues and the development prospect of the administrative reconsideration system Increasingly clear. Li Lingyan, deputy director of the Legislative Affairs Office of the Beijing Municipal People’s Government, Professor Wang Zhouhu, Dean of the School of Administrative Law of Northwest University of Political Science and Law, Professor Wang Wanhua from the Institute of Procedural Law, Renmin University of China on the relationship between letters and visits and administrative reconsideration, functions and positioning of administrative reconsideration, As well as the specific content of the administrative reconsideration reform.