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经过十多年的实践,中国行政复议制度既取得了可喜的成绩,又面临诸多的矛盾与问题,存在一定的缺陷。为了使行政复议制度能适应中国加入WTO的需要,尤其考虑到修改《行政诉讼法》必然会涉及行政诉讼与行政复议的衔接,就完全有理由从体制上对行政复议制度的改革进行重新思考。
After more than 10 years of practice, the system of China’s administrative reconsideration not only achieved gratifying results but also faced many contradictions and problems with some defects. In order to adapt the system of administrative reconsideration to the needs of China’s accession to the WTO, especially considering that the revision of the “Administrative Procedure Law” will inevitably involve the connection between administrative litigation and administrative reconsideration, there is every reason to rethink the reform of the system of administrative reconsideration from an institutional perspective.