对行政复议书面审查方式的异议

《行政复议法》规定的复议审查方式是书面审查原则。这一原则与公开性、行政争讼性都是不一致的,而且,书面审查并不能保证查清案件事实,也缺乏相应的档案制度、证据制度的支持。建议修改这一法律规定,使书面与非书面审查方式并存,由当事人和复议机构选择决定,非书面审查方式应增加开庭式、听证式,以补听取意见形式的不足,并建立健全行政执法档案制度和行政证据的法律制度。

Objection Concerning the Written Review of Administrative Review

The regulation of the review examination approach in Administrative Review Law is the principle of written review, which is not identical to the nature administrative publicity and disputes, furthermore, written review cannot guarantee clarifying the concerned facts, and the support of correspondent institution of archive and evidence is also being short of. Therefore, the paper suggests modifying the related regulation, making the written and non-written review approaches coexist, which can be selected to determine which one can be applied by the concerned party and the reviewing entity. The court trial and hearing approaches should be added to non-written review approach so as to make up the defects of the opinion-hearing approach, which can finally help establish a perfect the archive institution of administrative enforcement and administrative evidence.