防治农村突发性群体事件的行政法新思索

New Thinking of Combating Rural Unexpected Group Incidents from the Perspective of Administrative Law

近年来,我国农村不时发生突发性群体事件,已经成为影响社会安定与和谐的关键因素。从行政法治视角而言,行政权力行使失当欠规范、农民利益诉求缺乏表达机制、基层政府与农民关系失范及法律救济渠道阻碍是我国目前农村突发性群体事件发生与激化的根源。要有效防治、化解农村突发性群体事件,就必须高度重视发挥行政法防治的作用,那就是加强公权力约束的立法,规范政府行政权力的行使边界;建立维护农民合法利益的组织,健全农民利益诉求表达机制;理顺地方政府与农民的关系,构建平权服务型政府;优化整合救济资源,确保行政法律救济渠道通畅。

In recent years,the unexpected group incidents which took place in China＇s rural areas from time to time have become the key factor affecting the social stability and harmony. From the perspective of the administrative law,the root of the occurrence and intensification of current rural unexpected incidents in China is the improper practices of administrative authority,the lack of expressing mechanism on the appeals of farmers＇ interests,the disharmony between the grass—roots government and farmers and the impediment of legal advocacy channels. Based on this,it is imperative to attach great importance to playing the role of the prevention and control of the administrative lawso as to effectively prevent and resolve the rural unexpected group events; that is,In the first place,the legislation of binding the public authority is supposed to be strengthened,and the boundaries of implementing the governments＇ administrative authority should be regulated; In the second,the organizations to safeguard the farmers＇ legitimate interests are expected to be established,and the expression mechanism of farmers＇ interests appeals should be improved; In addition,the relationship between local governments and farmers ought to be rationalized,and the affirmative service—oriented government is expected to be constructed; Last but not least,the relief resources are to be optimized and integrated,and the access to the administrative legal remedies should be ensured.