检察机关实质性化解行政争议的制度分析和实践完善

The Institutional Analysis and Practical Improvement of the Procuratorial Organ Participating in the Substantive Resolution of Administrative Disputes

目前着力开展的行政争议实质性化解,还面临着认识不清的困境,有必要探究其内在逻辑以明晰其面目。理论依据要解决“为何做”的问题,行政争议实质性化解因应解决实际问题需要,具有深层次的实质法治、国家治理、检察功能、能动检察的动因和需求。制度定位实际是解决“为何能做”的问题,行政争议实质性化解依托行政诉讼监督开展,是行政检察职责的组成部分,属于工作机制层面的安排。实践完善要解决“如何做”的问题,实践中已形成类型化的化解模式,还要探索和创新化解范围和方式,以期尽早实现规范化、定型化。

Currently,the substantive resolution of administrative disputes proposed and carried out in the comprehensive deepening of administrative procuratorial work is still facing the dilemma of unclear understanding.It is necessary to explore its internal logic to clarify its face.The theoretical basis is to solve the problem of“why to do”and meet the needs of solving practical problems.To solve practical problems,the substantive resolution of administrative disputes has the motivation and needs of deep-seated substantive rule of law,national governance,procuratorial function and active judicial procuratorate.The system orientation is actually to solve the problem of“why we can do it”.The substantive resolution of administrative disputes depends on the supervision of administrative litigation.It is an integral part of the responsibility of administrative procuratorial and belongs to the arrangement of working mechanism.To improve practice,we should solve the problem of“how to do”.In practice,a stereotyped resolution mode has been formed.We should also explore and innovate its resolution scope and methods,in order to realize standardization and finalization as soon as possible.