行政与司法在纠纷多元化解中的双重面向

当下纠纷多元化解在基层治理实践中呈现出双重面向:一方面在大量的常规性矛盾中行政机关与法院合作形式化;另一方面,针对少数非常规性矛盾,行政机关与法院以矛盾实质化解为目的形成了多中心协同治理的局面。其背后的机制在于,在现代法治国家建设过程中行政机关与法院在应对常规性矛盾时各司其职,彼此合作需求弱化。但与此同时,面对非常规性矛盾,法院和行政机关具有协同治理的内在需求,在条块关系网络中二者又具备了合作的组织条件,当事人的策略行动推动常规性矛盾向非常规矛盾转化进一步固化了纠纷多元化解的双重面向。完善措施在于优化行政机关和法院各自纠纷化解职能的基础之上建立多元合作的长效机制。

The Dual Orientation of Administration and Justice in Diversified Dispute Resolution

At present,multi-resolution of disputes presents a dual orientation in practice: on the one hand,in a large number of conventional contradictions,the cooperation between administrative organs and courts is formalized;on the other hand,in view of a few unconventional contradictions,the administrative organs and courts have formed a situation of multi-center cooperative governance with the purpose of substantive resolution of contradictions. The underlying mechanism is that in the process of building a modern country ruled by law,the administrative organs and courts have their respective functions and routinism in dealing with conventional disputes,and the need for cooperation between them has weakened. But at the same time,the pressure-based system urges the courts and administrative organs to have the inherent demand of cooperative governance in the face of unconventional contradictions,and they also have the organizational conditions for cooperation in the block network. The strategic actions of the parties promote unconventional resolution of conventional contradictions,which further consolidates the dual orientation of multi-resolution of disputes. We should establish a long-term mechanism of multi-resolution of disputes on the basis of improving the functions of administrative organs and courts in resolving disputes.