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重大行政决策终身追责制的建构是我国法治进步的重要体现。然而,“无救济无权利”。在终身追责的实践中,法治同样需要关注被追责主体正当权益的维护。行政救济是当前被追责者维护权益的主要途径。目前,救济方式的单一性及僵化色彩,越来越难以满足当事人维护权益的诉求。“双轨救济制”是对权益救济方式的尝试性开拓,通过行政救济与司法救济的并轨,以多样化的方式维护行政追责的公平性,避免追责结果损害被追责人员的正当权益,强化重大行政决策终身追责制的权威与认同,进而促进责任政府与法治政府的建构。
The construction of lifelong vindication system for major administrative decisions is an important manifestation of the progress of the rule of law in our country. However, “No relief without rights ”. In the practice of lifelong pursuit, the rule of law also needs to pay attention to the safeguarding of the legitimate rights and interests of the subject responsible. Administrative remedies are the main ways to protect the rights and interests of the current claimants. At present, it is more and more difficult to satisfy the parties’ demands for safeguarding their rights and interests due to the unity of the relief method and its rigid colors. “Double-track relief system ” is a tentative exploration of the remedy of rights and interests. Through the merger of administrative remedies and judicial remedies, the dual-track relief system maintains the fairness of administrative accountability in diversified ways and avoids the consequences of the recovery of liabilities being detrimental to the legitimate persons Rights and interests, and strengthen the authority and identity of the lifelong pursuit of responsibility in major administrative decisions, so as to promote the construction of a responsible government and a government ruled by law.