【摘要】 行政复议管辖制度在发挥其积极功能的同时,也日渐显露其弊端与不足。"条块相结合"的复议管辖体制具有尊重申请人选择意愿、方便于民和制衡监督的优点,但也存在着共同管辖过多、复议机构和人员重复配置、影响法制统一性与权威性和立法疏漏多等缺陷。半垂直领导部门复议案件中的"条块冲突"源于部门体制变化,但这种变化不足以限制相对人选择复议机关的权利。"自我管辖"的存在虽然情有可原,但因有违程序公正原则应予改革。更多还原

【Abstract】 The domination system of reconsideration, with the feature of "mixture of strips and squares", has some advantages of respecting applicants’ will of choice, making things convenient for the people, and restricting and supervising. This system, however, also shows its defects in terms of some aspects including too much joint domination, overlapping allocation of reconsideration institution and its staff, affection of legal system’s identity and authority, and the careless omission of legislation."Stripesquare conflict" in some reconsidering cases conducted by some semiperpendicularity leading department originates from the change of department system. This change,however,could not limit the right of relative party to choose reconsidering department. The existence of "self domination" seems excusable, but it is necessary to reform it on account of its violation of the justice principle of procedure. 更多还原