美国行政纠纷仲裁的合宪性问题及其启示

Review on Constitutionality of Binding Arbitration of Administrative Dispute In the United States and its Inspirations

美国行政纠纷仲裁的裁决对当事人具有法律约束力、强制执行力和终局性效力,被认为涉及美国宪法上的分权原则、正当程序原则等一系列重要宪法原则,其合宪性曾一度遭遇质疑。作为一种在不同的法律秩序中完成同一功能的规则,美国行政纠纷仲裁制度的合宪性之确立,为学界探究我国多元化行政纠纷解决机制的合法性基础提供了一种比较与借鉴的视角。

Binding arbitration, on the basis of voluntary agreements, renders for both agency and private parties a final and binding decision which only can be subject to judicial review with very little grounds, and once attracted great attention over its constitutionality for getting involved in some important constitutional doctrines, such as power division and due process of law. Constitutionality demonstration is very important for binding arbitration to gain general applicability in administrative dispute resolution, as well as for us to explore our path to the diversity of administrative dispute resolution in China.