论文部分内容阅读
作为替代性纠纷解决机制的重要内容,我国行政裁决制度并没有发挥其特有的优势,反而呈现出式微之态,陷入了发展中的瓶颈,其原因可以归结于制度建构的缺失和理念的错位。制度建构的缺失则体现为范围界限模糊、适用程序混乱以及救济途径不清晰,理念的错位体现为误将行政裁决视为行政管理而非纠纷解决手段。
As an important part of the alternative dispute resolution mechanism, the system of administrative adjudication in our country did not exert its unique advantages. Instead, it showed a slight state of development and was caught in the bottleneck of its development. The reason for this can be attributed to the lack of institutional construction and the dislocation of the concept. The lack of institutional construction is characterized by vague boundaries of scope, confusion of applicable procedures, and unclear relief approaches. The misunderstanding of the notion reflects the mistaken assumption of administrative rulings as a means of administration rather than a solution to disputes.