Institutional Analysis and Practical Improvement of Substantive Resolution of Administrative Disputes - A Perspective Based on the Administrative Reconsideration Law

行政争议实质性化解的制度分析与实践完善—以《行政复议法》为视角

As the number of administrative disputes increases, effectively resolving these disputes has become key to improving administrative efficiency and public trust. This study aims to analyze the legal positioning and practical paths of “substantive resolution of administrative disputes,” focusing on how the revised Administrative Review Law integrates with this mechanism. Through literature analysis and empirical research, the study identifies several obstacles in the application of substantive dispute resolution in administrative review, such as limited scope, insufficient independence of review bodies, and lack of professional expertise. To address these issues, the study proposes expanding the scope of review, enhancing the independence of review institutions, building professional teams, and promoting coordination between administrative review, litigation, and petition systems. The conclusion emphasizes that substantive dispute resolution is an inevitable requirement for improving the effectiveness of administrative review and realizing the rule of law in administration.

随着行政争议案件数量的增加，如何有效化解争议成为提升行政效率和公信力的关键问题。首先通过分析“行政争议实质性化解”的法律定位与实践路径，重点探讨新修订《行政复议法》与实质性化解机制融合。通过文献与实证分析，发现当前行政复议在争议实质性化解中的应用存在复议范围的局限、复议机构独立性不足以及专业化水平不高等问题。为解决这些障碍，应当从明确复议范围、加强复议机构独立性、建设专业队伍及促进复议与诉讼、信访的衔接入手。结论证实，实质性化解争议是提升行政复议效果、实现行政法治的必然要求。