The Improvement Of The Administrative Agency's Conflict Resolution Mechanism

A prominent problem in the organizational law is the problem of conflict between the administrative organs of the authority, which puzzled the department of theory and practice in our country, even in western countries of administrative legislation which is perfect,they still have conflicts.The academic circles have a wide-ranging discussion about this problem, there are more researches on some particular subjects,combine these findings,we can find that research on this problem is limited which did not take the relative person's right into consideration. Some scholars even think that there is no relationship between the two problems,which has not been really thought.But when we think of these problems:the destination of dispute settlement mechanism;where is the public power stems from;the final purpose of the public power.The answer to both these questions in one word is protecting the relative person's right.How to protect the legitimate rights and interests of the relative person during the process of problem solving,which Is the main content of this article.Besides the introduction, this article can be divided into four parts:The first part:Analysis on the relevant theories of the conflict between the administrative organs of the authority and the administrative relative person's legitimate rights and interests protection,due to the reasons of legislation or other more complicated reasons, the overlapping of functions and powers of the administrative organs, which leads to the corresponding legal disputes,in the process of exercising administrative legislative power,administrative law enforcement power and administrative judicial power.In this paper,I analyze the relationship between the administrative authority conflict of rights and the protection of the legitimate rights and interests of the relative person,administrative authority conflicts through the specific administrative acts have an effect on the administrative relative person,including the administrative relative person's expectation interest, the property interest, the administrative litigation rights and interests and so on.The second part:From the angle of legislation, existing administrative authority conflict prevention and resolution mechanism is not benefit to the administrative relative person's legitimate rights and interests;I think that the prevention of administrative authority conflict solving mechanism did not take the legitimate rights and interests of the administrative relative into consideration.The third part:Analysising a wide range of administrative settlement mechanism in our country,these administrative settlement mechanism regard the conflict of administrative authority as an "internal" transaction,there will be a lot of factors which are not conducive to the protection of the legitimate rights and interests of the administrative relative person.By comparing with the administrative settlement mechanism of the administrative authority conflict of other countries,this paper puts forward some corresponding suggestions,Including the further expansion of the start of the main body,establish the exact time of resolution of a dispute and so on.The fourth part:After comparing and analyzing the judicial solution of the administrative authority conflict of various countries,the general existence of a kind of voice in our country's theoretical circles is to advocate the judicial solution of the foreign related administrative authorities,which include France's Ultra vires action,organ litigation in Germany and Janpan.In this paper,due to the perspective of the protection of the legitimate rights and interests of the administrative counterpart,I think the judicial solution to the conflict of administrative authority in foreign countries is not applicable to our country.And owing to the possibility and necessity of the indirect protection of the administrative relative person's legal rights and interests based on the administrative litigation in our country,I think we should introduce the concept of "mediation" into the solution of the conflict of authority.