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第三部门作为行政复议被申请人,首先需要解决的是行政复议的受理标准问题,即第三部门从事的哪些活动可以被认定为是行政公共权力、从事公共管理活动的行为,从而可以纳入行政复议的受理范围。考察英美法院认定哪些非政府组织的行为可以接受司法审查的经验,以公共权力的行使和基本权利的保障作为主线,以权利的救济和保障作为宗旨,研究针对第三部门行政复议的受理标准,具有理论和实践意义。
The third department as an administrative review of the respondent, the first need to be resolved is the acceptance of administrative reconsideration issues that the third department engaged in what activities can be identified as administrative public power, engaged in public administration activities, which can be incorporated into the administration Reconsideration of the scope of acceptance. This article examines the experience of the non-governmental organizations in the United States and the United States that they can accept the judicial review experience, takes the exercise of public power and the guarantee of basic rights as the main line, and the right relief and guarantee as the objective to study the acceptance criteria for the administrative review of the third sector, It has theoretical and practical significance.