| Administrative dispute litigation source governance is a grand social governance project that effectively responds to the current difficulties in resolving administrative disputes.In actual operation,the relationship between the administrative counterpart,the administrative subject and the court presents a certain disjointed form: the communication mechanism between the administrative subject and the administrative counterpart is not perfect,which can easily lead to the escalation of contradictions and antagonisms;The organ has a lack of awareness of responsibility for error correction;the court only cares about right and wrong,regardless of the resolution,and the counterparty cannot make a judgment as requested.In order to effectively manage the source of litigation for administrative disputes,it is necessary to deeply explore the mechanism behind imbalance and deviation.The purpose of administrative litigation can play the role of the core concept and provide a clear practical direction for the governance of the source of litigation.The purpose of litigation clarifies the direction and guidance for the governance of the source of litigation;the governance of the source of litigation adjusts and corrects the purpose of administrative litigation;the purpose of administrative litigation is realized and enriched in the practice of governance of the source of litigation.In terms of administrative litigation,the supervision of administrative organs,the protection of citizens’ rights and interests,and the resolution of administrative disputes constitute three aspects of administrative litigation.There should be a harmonious and unified stable order among the three,in order to give play to their respective values and functions,form "a system with the protection of legitimate rights and interests as the fundamental purpose,the settlement of administrative disputes as the direct purpose,and the supervision of administrative power as the means".In this way,the purpose of administrative litigation returns to what it should be,and a progressive value hierarchy is formed.After the value rank is clarified,the purpose of litigation should also focus on flexible application under the multiple teleological theory,precise deployment and application under different case types,and directionality under the overall governance structure.The purpose of administrative litigation should not be limited to the purpose of administrative litigation law.As an important means of social governance,the governance of the source of litigation should re-introduce and integrate the purpose of administrative litigation,and continuously enrich and expand the connotation of the purpose of litigation in the construction of social harmony.Administrative litigation should move from judging right and wrong to substantive response,from closed confrontation to open cooperation,from judicial center to diverse dispute resolution,and from judicial first to judicial final.Under this guidance,the source of litigation governance should focus on the macro-level positioning and calibration of the relationship between the three parties in litigation,and complete the "point-line-surface" all-round remodeling of the three-party structure of administrative litigation.First of all,the role of the three parties in litigation is re-defined: the administrative counterpart is the appealer and measurer of substantive settlement of administrative disputes,the administrative subject is the preventer of administrative disputes and the "resolver" of substantive resolution of disputes,and the court should act as a multi-solver It is the linker of the dispute mechanism and the ultimate creator of the model rules.Secondly,it is necessary to reshape the linear relationship between the parties to the litigation and build a new mode of dispute resolution for two-to-two dialogues.The administrative subject and the administrative counterpart should establish a consensus-based relationship,the court and the administrative subject should form a cooperative relationship,and the court and the administrative counterpart should be transformed into a responsive relationship.Under the governance of the source of litigation,the reform of the overall structure of the tripartite relationship in administrative litigation is reflected in four dimensions: center of gravity shift,structural balance,mechanism integration,and framework breakthrough.Shifting the center of gravity means focusing on substantive dispute settlement and taking into account the supervision of administrative powers;status balance means improving the status of the plaintiff and reshaping the tripartite structure of administrative litigation;in terms of mechanism integration,the three-party communication mechanism is smoothed,the closed confrontation is resolved,and a negotiated and cooperative solution is established Model;in terms of framework breakthrough,decentralization of the judiciary,the inclusion of multiple governance entities,and the establishment of an open and co-governance type of multiple dispute resolution channels. |
