行政复议机关在行政诉讼中作被告问题的反思

我国现行《行政诉讼法》规定了行政复议机关作被告的情形。随着行政复议体制机制的改革,行政复议工作的不断深入,行政复议制度的这一设计面临着行政复议案件高维持率、不利于行政复议救济和监督功能的发挥等诸多挑战,行政复议机关在行政诉讼中作被告的问题需要进行重新审视。理论界和实务界对此有多种观点,我们需要从行政复议的救济功能、居中裁决的性质以及行政复议体制改革等方面进行分析和思考。

Reflection on Administrative Reconsideration Organ Being Defendant in Administrative Litigation

The situation of the administrative reconsideration organ being defendant is regulated in China’s existing Administration Litigation Law. With the reform of administrative reconsideration system and the deepening of administrative reconsideration work, this situation faces many challenges, such as the high maintenance rate of administrative reconsideration cases, and its adverse influence on the performance of administrative reconsideration relief and supervision function, waiting for being re-examined. There are various opinions on this matter in the theory circle and the practice circle. Analysis and reflection should be conducted from many aspects including function of administrative reconsideration relief, properties of center adjudication and reform of administrative reconsideration system, etc.