行政裁决纠纷的诉讼选择

The Litigation Choice for Solving Dispute of Administrative Adjudication

在解决行政裁决纠纷应采用何种诉讼这个问题上,我国的相关规定并不统一。相关立法的真正意图难以分辨,似乎只是权宜之计。行政行为的效力、裁决机关的态度、行政裁决的准司法性等命题都不足以成为解决问题的理论支点。必须立足于行政裁决纠纷的圆满解决,从原点出发重新审视问题。所谓的"一并解决"倾向似属庸人自扰,而所谓的"裁判不一致"多属误解。当前最佳方案是行政诉讼与民事诉讼各归其位。只有科学合理地设定行政裁决,行政裁决纠纷的诉讼选择问题才会彻底得到解决。

The relevant legislation is not uniform on the dispute of administrative adjudication. The purpose of the relevant legislation is difficult to distinguish, which seems only to be some temporary solution. Effectiveness of administrative act, attitude of agency, quasi-judicial nature of administrative adjudication and other propositions are not sufficient to solve the problem. To solve the problem, we should re-examine the issue. The so-called ＂ be resolved＂ tendency seems not to work, and the so-called ＂judgment inconsistent＂ is mostly misunderstood. The current best solution is to put administrative litigation and civil litigation into their respective places. Dispute of administrative adjudication will be completely solved only by rationalizing administrative adjudication system.