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实现行政复议与信访的有效衔接,是新时期构建高效、便民、一体化行政争议解决机制的必然要求。目前,行政复议与信访的衔接渠道不够畅通,尚未形成合力,其深层次原因在于两者的制度性差异,这具体表现为逻辑起点、运作机制、法律地位等的不同。行政复议与信访的这种制度性差异导致的衔接难点为:人治与法治的不相协调,对信访的路径依赖难以克服,两者的功能重叠,信访的程序缺陷影响衔接效果等。行政复议与信访机制衔接的实现路径是:重塑信访功能与规范信访程序,完善行政复议机构设置及运行程序,建立行政复议与信访的联系工作机制。
The effective link between administrative reconsideration and letters and visits is an inevitable requirement for establishing an efficient, convenient and integrated administrative dispute resolution mechanism in the new era. At present, there is not enough smooth connection between administrative reconsideration and letters and visits, and no further synergies have yet formed. The deeper reason lies in the institutional differences between the two. This is manifested in the different logic starting points, operating mechanisms and legal status. The difficulties in the interface caused by this systematic difference between administrative reconsideration and letters and visits are: the incompatibility between the rule of man and the rule of law, the difficulty in overcoming the path dependence of letters and visits, the overlap of functions between the two and the procedural defects of letters and visits. The path of reconciliation between administrative reconsideration and letters and visits mechanism is to reshape letters and visits functions and standard letters and visits procedures, to improve the procedures for the establishment and operation of administrative reconsideration agencies, and to set up a working mechanism of connection between administrative reconsideration and letters and visits.