论行政争议解决机制的发展

Some Ideas on Development of Administrative-Dispute-Solving System

长期以来,受制于行政争议的特性,行政争议解决机制致力于正式化,努力建立以法院中心、严格法律主义的解决机制。但在现代社会中面对纠纷和矛盾的增多和发展变化,以及人们需求的多样化,行政争议解决机制不再固守于判断行政行为的合法性和唯法院是瞻,而着眼于快速、有效处理行政争议,扩大了非诉讼化解决途径,消除不得和解和调解的做法,逐步形成了多元的行政正义实现机制。

For a long time, owing to the characteristics of administrative disputes, formalism have dominated the administrative -dispute -solving system, and therefore the courts have basically been considered as the centre of the system, and legalist dispute - solving mode is much favoured. However, faced with the growth of disputes and conflicts and new development in the modern society, together with diversification of need for the dispute - solving, traditional mechanism began to change. New system is focused on the solving the administrative disputes and tries to establish pluralistic dispute - solving machinery by enlarging the scope of alternative dispute resolution and removing the method of being solved by way of settlement and meditation.