国家治理视域下的行政争议解决机制研究

On Mechanism for Resolving Administrative Dispute from the Perspective of State Governance

国家治理的内在要求在于国家治理主体的多元化、参与协商性和法治化。依法治国是实现国家治理体系和治理能力现代化的必然要求,而法治社会建设中重要的一个环节就是社会矛盾纠纷化解机制的完善。我国传统的行政争议解决机制主要包括行政复议、行政诉讼、信访等。从这些行政争议解决机制的现状来看,行政复议的公正性受到质疑,行政诉讼的效率有待提高,紊乱的行政信访影响了法律的权威。国家治理现代化为行政争议解决机制的完善提供了新的思路,即加强行政复议过程的协商参与、充分发挥行政诉讼的职能、弱化行政信访在解决行政争议中的作用。

The connotation of state governance includes the diversity of national governance body, consultative participation, and the rule of law. The rule of law is the fundamental to achieving the modernization of the national management system and management ability, while the most important procedure in the rule of law is the improvement of the mechanisms for resolving social disputes. The traditional mechanisms for resolving administrative disputes in our country mainly include the administrative review, administrative litigation, administrative petition, etc. Observed from the current situation of these mechanisms, the impartiality of the administrative review has been questioned, the efficiency of administrative litigation has faced challenge, and the disorder of administrative petition has impaired the authority of the law. Governance modernization has provided some new thoughts in resolving the disputes, that is, to strengthen the negotiation participation in administrative review, to give full play to the function of administrative litigation, to weaken the significance of administrative petition in solving administrative disputes.