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解决民事纠纷并非是司法机关的专有权力,行政机关也可以解决民事纠纷。行政机关解决民事纠纷是历史的产物。完全的权力分立和绝对的均衡是不可能的,司法权的部分可以交由行政机关行使。社会的发展要求行政机关不能只充当“守夜人”的角色;ADR的兴起彰显了行政机关解决民事纠纷的优势。只要能够使诉讼成为解决民事纠纷的最权威的、最终的法律途径,行政机关解决民事纠纷作用的发挥与建设法治国家、构建和谐社会的目标是一致的。
Solving civil disputes is not the exclusive right of the judiciary, and administrative organs can also solve civil disputes. Administrative agencies to solve civil disputes is the product of history. Complete separation of powers and an absolute balance are impossible, and part of the judicial power can be exercised by the executive authorities. The development of society requires that the executive body can not act only as a “watchman.” The rise of ADR demonstrates the advantages of administrative agencies in settling civil disputes. As long as litigation can become the most authoritative and final legal solution to civil disputes, the administrative organs’ role in settling civil disputes is consistent with the goal of building a state under the rule of law and building a harmonious society.