行政复议和解制度设计

作为一种合意解决纠纷的制度,行政和解已被引入我国的行政复议制度中.行政复议和解是行政复议过程中的一个步骤,又是一个独立的法律行为.行政复议和解是一面双刃剑,必须在适用的范围和条件上严格限制,在适用的程序上严格规范,在适用过程中加强监督和救济.

Designing of Administrative Reconsideration Reconciliation System

As a system of consensual dispute resolution,the reconciliation has been introduced into the system of administrative reconsideration in China.The reconciliation is a step in the process of administrative reconsideration and also an independent legal act.Administrative reconsideration reconciliation is a two-edged sword,and it must be applied in the strict-restricted scope and conditions.Also the procedures of application must be regulated stringently and the supervision and relief must be reinforced during the process of application.