论行政争议救济机制
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摘要
当前行政争议在社会矛盾争议中呈现出越来越突出的趋势,且越来越复杂化,这就意味着行政争议救济的途径也必须多样化。但是现状是行政调解的中立性不足且范围尚不确定、行政复议的公正性受到质疑,行政诉讼的效率有待提高,紊乱的信访影响了法律的权威;各种救济方式的落实情况也不佳。要完善争议救济机制,使每个行政争议都有出口,就要将各种救济途径的功能及其优势弄清楚,它们不再是分散的个体,而是相互衔接彼此配合的整体。
The former administrative controversy has become more and more prominent in the social contradictions and disputes. And administrative disputes are becoming more and more complicated, which means that the channels of administrative dispute relief must also be diversified. However, the current situation is that the neutrality of administrative mediation is insufficient, the scope is still uncertain, the fairness of administrative reconsideration is questioned, the efficiency of administrative litigation needs to be improved, and disorderly letters and visits affect the authority of law; the implementation of various relief methods is not good. To improve the dispute relief mechanism and make every administrative dispute have an export, it is necessary to clarify the functions and advantages of various relief channels. They are no longer scattered individuals, but are interconnected with each other and will be various.
The former administrative controversy has become more and more prominent in the social contradictions and disputes. And administrative disputes are becoming more and more complicated, which means that the channels of administrative dispute relief must also be diversified. However, the current situation is that the neutrality of administrative mediation is insufficient, the scope is still uncertain, the fairness of administrative reconsideration is questioned, the efficiency of administrative litigation needs to be improved, and disorderly letters and visits affect the authority of law; the implementation of various relief methods is not good. To improve the dispute relief mechanism and make every administrative dispute have an export, it is necessary to clarify the functions and advantages of various relief channels. They are no longer scattered individuals, but are interconnected with each other and will be various.
引文
[1]荆宇杰.我国行政争议的几种特别救济制度研究[D].扬州:扬州大学,2012.
[2]刘莘,刘红星.行政纠纷解决机制研究[J].行政法学研究,2016(4):3-19.
[3]《信访条例》第2条规定,信访是指公民、法人或其他组织采用书信、电子邮件、传真、电话、走访等形式向政府反映情况,提出建议、意见或者投诉请求,依法由行政机关处理的活动。
[4]姜若林.信访受理范围的确定与行政纠纷解决机制的优化[J].河北企业,2018(4):17-19.
[2]刘莘,刘红星.行政纠纷解决机制研究[J].行政法学研究,2016(4):3-19.
[3]《信访条例》第2条规定,信访是指公民、法人或其他组织采用书信、电子邮件、传真、电话、走访等形式向政府反映情况,提出建议、意见或者投诉请求,依法由行政机关处理的活动。
[4]姜若林.信访受理范围的确定与行政纠纷解决机制的优化[J].河北企业,2018(4):17-19.