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在我国司法权威不高以及信访作为制度外救济途径的大环境下,伴随着国家法治化的转型,行政复议很难跳出内部监督公信力低和实际功效差的制度窠臼,实际上已经脱离了先前的制度预设轨道。显然,制度的微调已无法解决现行制度的困境,因此,我们有必要对现行行政复议制度进行重构,从而带动整个行政争议解决机制的制度性调整,实现信访、复议与行政诉讼之间的有效衔接和整个行政争议纠纷解决体系的优化。
Under the environment of low judiciary authority and petitions as the relief outside the system in our country, along with the transition of state legalization, it is very difficult for the administrative reconsideration to jump out of the system of low credibility and poor practical effectiveness of internal supervision. In fact, it has departed from the previous System default track. Obviously, the fine-tuning of the system can not solve the dilemma of the existing system. Therefore, it is necessary for us to reconstruct the current system of administrative reconsideration so as to promote the institutional adjustment of the entire system of administrative dispute resolution and to achieve effective inter-petition, reconsideration and administrative litigation Linkage and Optimization of Dispute Resolution System of the Whole Administrative Dispute.