行政正义与争议解决的适当性原则——英国裁判所的经验与课题

Administrative Justice and the Principle of Proportionate Dispute Resolution:Experiences and Issues of the British Tribunals

经济社会不断深入发展,行政争议无论是数量还是涉及的领域均不断扩张。如何实质性地解决行政争议和实现行政正义,成为各国行政法重点关注的课题。英国行政法自创始以来,就一直围绕裁判所的定位展开改革,特别是提出的争议解决的适当性原则值得关注。目前,英国裁判所朝着司法化的改革方向不断前进,为缓解法院压力带来了积极的作用。但是过于强调司法化导致裁判所丧失了之前较法院系统所具有的优势,近年来立法与行政机关又开始关注行政复议机制的运用。争议解决的适当性原则关注争议性质与方式的互动,对中国行政争议解决方面的立法和实践具有一定的启示。

Along with the continuous development of the economy and society, administrative disputes are expanding both in quantity and in the fields involved. How to substantively resolve administrative disputes and realize administrative justice has become a key issue of administrative law in various countries. Since the beginning of the British Administrative Law, it has been reforming the position of the tribunals, especially the principle of proportionate dispute resolution is worthy of attention. At present ,the British tribunals are moving forward in the direction of judicialization, which has played a positive role in relieving the pressure on the court. However, the over - emphasis on the judicialization has caused the tribunals to lose its previous advantages over the court. In recent years, the legislature and agencies have begun to pay attention to the use of the administrative reconsideration mechanism. The principle of appropriateness dispute resolution focuses on the interaction of the nature and mode of disputes, and has certain implications for the legislation and practice of administrative dispute resolution in China.