略论中国行政机关权属争端之解决进路——以行政诉讼为主轴的多元主义视角

Brief Research on the Solving Routes of the Disputes of power of Chinese Administration Organs In a Pluralism View Which Seems Administrative Litigation as the Principal Axis

行政机关权属纠纷在中国普遍存在,而现行争议解决机制却处理不利。故有必要引入机关诉讼、完善第三人诉讼制度且以该正式机制为主要途径与多元主义非正式解决方案配合互补,在具体操作上实现内部机制优先与外部诉讼保障之并育,以期完善中国的行政组织法律体制,规范行政机关的权限关系,进而推进中国政府间权限争端解决机制的渐进性构建。

The disputes of power of adrainistration organs widely exist in China, but the current solving mechanism of them is ineffective. So it is necessary to bring in organ litigation and perfect the litigation of third party. These formal mechanisms are main mutes. Still we should bring into the pluralism informal solutions and make them match with the formal ones. Then carry out the both development of the precession of internal mechanism and the safeguard of exterior litigation, hoping to perfect the system of Chinese administrative organic laws, to regulate the relationship between the powers of administration organs, and to push forward the gradually construction of the solving mechanism of the disputed power of Chinese administration organs.