On the role mechanism of supervision proposal to resolving administrative disputes
论监察建议实质性化解行政争议的作用机制

摘要

随着社会的多元化快速发展，行政事务越发复杂，行政相对人与行政机关之间所产生的行政争议，依靠传统的行政诉讼方式已无法获得实质性的解决。为了实现行政争议的实质性化解，应当探索出多元化的纠纷解决机制。监察机关作为重要的监督机关，在当下，应对其职能定位作出必要拓宽，通过监察建议对“行政违法”问题进行处理。监察建议实质性化解行政争议需要遵循一定的理论逻辑，该逻辑从适用范围、解决问题（包含实体性问题、权益保障问题、实施运用问题）进行探讨，分析出目前实践中存在的问题。我国目前针对“行政违法”所提出的监察建议，尚未形成制度体系，权限配置尚不健全，程序机制尚不完善，需要对着三个方面不断完善，已达成监察建议实质性化解行政争议的目标。

Abstract

With the rapid development of social diversification, administrative affairs are more and more complex, and the administrative disputes between administrative counterparts and administrative organs can not be substantially solved by the traditional administrative litigation mode. In order to realize the substantive resolution of administrative disputes, the diversified dispute settlement mechanisms should be explored. As an important supervisory organ, the supervisory organ is necessary to broaden its functional orientation at present, and to deal with the problem of "administrative violation" through supervisory suggestions. The supervision suggests that the substantive resolution of administrative disputes needs to follow a certain theoretical logic, which discusses the scope of application, problem solving (including substantive problems, protection of rights and interests, and implementation and application problems), and analyzes the problems existing in current practice. At present, the supervision suggestions for "administrative violation" in China have not yet formed a system, the authority allocation is not perfect, the procedure mechanism is not perfect, which needs to be constantly improved in three aspects, and has reached the goal of substantially resolving administrative disputes with supervision suggestions.