服务型政府的行政裁决职能及其规制

在服务型政府的框架下,公共行政的理念和内容发生重大的变化,行政裁决在解决民事纠纷中也具有重要作用。作为解纷行政重要手段的行政裁决应当具有广阔的发展空间,不仅应当完善其制度本身,而且应当拓展其领域。就行政裁决制度的规范而言,除了应重视本身的制度建设外,还应当关注行政裁决的基本内涵、司法化、概念的转换等基础性问题。

The Administrative Adjudication Function of Public Service Oriented Government and Its Regulation

n the framework of public service-oriented government, the concept and content of public administration are changing grately, and civil litigation settled by administrative adjudication in China is significant. Administrative adjudication as an important means of resolving litigation by administration should have a very expansive development space. Not only should the system of administrative adjudication be improved in the existing legal territory, but also should be established and developed in those territories relevant to administrative management. Besides regarding the building of the system itself, the basic meaning of the administrative adjudication, administrative adjudication becomes more judicial and the conversion of those conceptions will play a key role in the normative development of the system of administrative adjudication.