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本文着重研究了我国行政复议制度存在的问题,探讨了应当改变对行政复议与行政诉讼的自由选择,取消行政复议中的终局裁决,应将行政复议作为行政诉讼的前置程序。并建议国务院应当设置复议机构,取消原行政机关管辖;应当将本级政府与上一级主管部门共同管辖改为由本级政府管辖;县级以上地方各级政府派出机关也应当享有复议管辖权。
This paper focuses on the problems existing in the system of administrative reconsideration in our country, explores that we should change the choice of administrative reconsideration and administrative litigation freely and abolish the final ruling in administrative reconsideration. Administrative reconsideration should be regarded as the pre-procedure of administrative litigation. And suggested that the State Council should set up a reconsideration agency and cancel the jurisdiction of the original administrative organ; it should change the common jurisdiction of the government at the corresponding level and that of the competent department at the next higher level to that of the government at the corresponding level; and the organ dispatched by the local governments at or above the county level should also enjoy the reconsideration jurisdiction .