广东石油化工学院学报2026，Vol.36Issue(2)：53-58,6.DOI:10.26962/j.cnki.1991.2026.0029
衔接制度改革下复议前置的完善路径
Improvement Paths for the Pre-Reconsideration System from the Perspective of Connecting Institutional Reforms
朱浩正 1郑伟1
作者信息
- 1. 广西大学 法学院,广西壮族自治区 南宁 530000
- 折叠
摘要
Abstract
This study provides a comprehensive evaluation of China's 2023 Administrative Reconsideration Law amendment examining how its structural redesign of mandatory prior review mechanisms reinforces administrative reconsideration as the primary channel for administrative dispute resolution.Through systematic normative analysis and comparative legal methodology,we analyze three pivotal reforms.The amendment significantly expanded prior review requirements to encompass objections to on-the-spot administrative penalties claims regarding non-performance of statutory duties and denials of government information requests channeling high-frequency disputes into administrative review.It centralized rule-making authority by abolishing local regulatory powers confining prior review rule-setting exclusively to national legislation and administrative regulations thereby eliminating jurisdictional fragmentation and reinforcing constitutional hierarchy norms.Additionally,it established a tripartite substantive framework mandating procedural efficiency for straightforward cases ensuring swift resolution reasonableness review balancing expediency with substantive justice and irreversible rights harm prevention as an absolute safeguard.Empirical findings demonstrate this restructured tiered dispute resolution model reconsideration first litigation last delivers measurable outcomes including enhanced administrative self-correction capabilities reduced judicial caseloads and increased public trust in administrative justice systems.Nevertheless,operational challenges persist particularly institutional independence limitations stemming from reconsideration bodies financial and managerial subordination to host agencies alongside procedural discontinuities with judicial review concerning evidence transfer standards and issue preclusion effects.Sustaining the reforms momentum requires legislative synchronization through coordinated amendments to both the Administrative Reconsideration Law and Administrative Litigation Law coupled with specialized capacity building via merit-based recruitment of review officers and advanced training in investigative techniques.Offering a replicable model for global administrative justice systems seeking efficiency gains these innovations full potential depends on resolving structural barriers through deeper agency autonomy reforms and integrated digital case management platforms ultimately contributing to more accessible and effective administrative justice worldwide.关键词
行政复议前置/程序衔接/行政争议解决Key words
administrative reconsideration prior review/procedural linkage/administrative dispute resolution分类
社会科学引用本文复制引用
朱浩正,郑伟..衔接制度改革下复议前置的完善路径[J].广东石油化工学院学报,2026,36(2):53-58,6.
