纠纷解决与权力监督的平衡——解读行政诉讼法上的纠纷解决目的

Solution of Disputes and Supervision of Powers:Dispute Solution in Laws Applying to Actions against Administrative Agencies’ Decisions

"纠纷解决目的"是行政诉讼法从民事诉讼领域引入的立法目的价值,旨在于扩张行政诉讼机制的纠纷解决功能,为行政诉讼的协调和解程序提供法理支持,但是,行政诉讼领域的纠纷解决具有其自身的特殊含义,而且与行政诉讼固有的"权力监督"之间存在着内在的紧张关系。通过调和"纠纷解决"和"权力监督"的这种紧张关系,可以反省行政诉讼制度在满足"纠纷解决目的"功能实现上的界限,设定行政诉讼协调和解制度的合法性边界,从而更好地确保公民权利保护的实效性。

＂ Dispute solution＂ is a legislative value transformed from civil litigation into the laws to actions against administrative agencies＇ decisions, which aims at increasing the ability to solve applying disputes through actions against administration. However, actions from executive decisions have their own unique nature that may intensify the relationship with ＂supervision of power,＂ another feature inherent in the actions from administrative decisions. By way of easing the tension between ＂dispute solution＂ and ＂power supervision,＂ we can see how far the laws can go in performing the function of ＂dispute solution＂ and can demarcate the legitimacy of the compromise in the actions from administrative decisions so as to further ensure the protection of civil rights.