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行政机关间权限争议的中国解决方式主要是依仗行政内部机制。由行政机关作为行政权限争议解决的主体,具有权威性、专业性、正确性、及时性、高效性等优势,契合了行政权完整性的诉求;但行政解决机制确是固有着制度化规范化严重不足、民主性正当性缺失、公开性公正性不够、背离法治原则等致命缺陷。单单凭借行政内部机制并无法通顺有效地解决行政机关间权限争议,现实亟待我们建构一套系统、科学、理性的行政机关间权限争议解决法律制度。
The solution to China’s dispute over administrative power lies mainly in the internal administrative mechanism. As the main body of administrative rights dispute resolution, the administrative organ has the advantages of authority, professionalism, correctness, timeliness and high efficiency, which suits the integrity of administrative power. However, the mechanism of administrative settlement is indeed inherently institutionalized Insufficient, lack of democratic legitimacy, lack of impartiality in openness, and fatal flaws such as deviation from the principle of the rule of law. It is urgent for us to construct a set of systematic, scientific and rational legal system of dispute resolution between administrative organs based on the fact that the administrative internal mechanism alone can not smoothly and effectively solve the dispute over the authority between administrative organs.