论行政复议与行政诉讼的对接

行政复议与行政诉讼是现代行政救济的两项重要制度,两者既有本质的区别,又有密切的联系。但是,由于《行政复议法》和《行政诉讼法》在立法上有不同规定且又存在交叉,结果造成了两者在立法上、适用上的冲突,影响了行政救济制度的顺利施行,有损于法律体系的统一。针对两者的冲突及表现,应在解决立法和适应的冲突方面采取必要措施。

On the Welding of Administrative Reconsideration and Litigation

Administrative reconsideration and litigation are two fundamental systems of modern administrative succor, and they have an essential distinction while closely related. However, owing to the fact that Law of Administrative Reconsideration and Law of Administrative Litigation have different and overlapping regulations in legislation, they have conflicts both in legislation and application, which has influenced the enforce-ment of administrative succor system and harmed the unity of legal system. This article mainly elaborates the signs of the conflict and thus puts forward proposals to solve the conflict and realize their welding.