行政争议的中立评估及其制度构建

行政争议的中立评估机制是指由具备专门解纷知识的中立评估员对纠纷进入行政复议、行政诉讼等渠道的审理前景进行预测的一种制度。它能在降低当事人过高的解纷期望、促成当事人之间达成和解、克服评估式调解的弊端等方面发挥积极作用,亟待引入我国行政争议解决领域之中。中立评估机制处于合意型行政争议解决机制与决定型行政争议解决机制的连接点...

Neutral Evaluation of Administrative Disputes and Its Construction in China

Neutral evaluation is a kind of alternative dispute resolution which predicts the possible outcomes of adjudication if the case is referred to the administrative litigation or reconsideration process.Introducing the neutral evaluation into the areas of administrative dispute resolution can cut the disputants unrealistic expectations,promote the possibilities of settlement among disputants as well as overcome the harmful tendency of evaluative mediation.Neutral evaluation locates in the connection point of consensual dispute resolution mechanisms and adjudicative dispute resolution mechanisms,and thus can help to interlink these two ideal types of administrative dispute resolution mechanisms.In comparative administrative law,there are two distinctive models of neutral evaluation.The first one is the Anglo-American model whose evaluative opinion is for disputants reference and this model is independent of the administrative litigation process.The second one is the European model whose evaluative opinion is for judges reference and this model is annexed to the court.The Anglo-American model is more adaptable for China to construct the systems of neutral evaluation.