水事纠纷解决机制一般程序探讨

Discussion on general procedure of water dispute settlement mechanism

水事矛盾频发的现实以及行政调处的"政府失灵"使得司法审判成为水事纠纷解决机制新的期冀。利益纠葛复杂、行政权力色彩浓厚的水事纠纷案件能否最终得到司法的公正裁决考究着现行法律制度的良莠。将水事纠纷行政处理纳入诉讼程序的范畴,并付诸于司法实践,可以起到"阳光化"的监督作用。

The status quo of frequent occurences of water disputes and the ＂government failure＂ during the administrative mediation makes the judicial adjudication become a new expectation for the water dispute settlement mechanism. The current judicial system is good or bad that is just examined by whether fair judicial decisions can be finally made for the water dispute cases with complicated interest disputes and strong color of administrative power. If bringing the administrative processing of water dispute into the scope of the litigation procedure, and then putting it into the judicial practice, a role of ＂sunshine＂ supervision is to be played.