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行政组织法无法精细规定行政机关之间的职能划分。由于部门利益的驱使,行政机关权限争议不断,间接损害了公民权利。现行行政系统内部解决权限纠纷的方式存在着一定的缺陷,一是对行政相对人权利保障不利,二是导致行政效率不高,三是妨碍了行政审判的顺利进行,四是难以最大限度抑制部门利益。从行政诉讼类型化角度,可以尝试建立机关诉讼这一类型,即由法院通过诉讼程序解决行政机关权限争议。构建我国机关诉讼,除了适用行政诉讼各类型共有的实体和程序性规定之外,还有受案范围、原告资格、审理规则、判决等方面特有的要求。
The administrative organization law can not stipulate the division of functions between administrative organs. Driven by the interests of the departments, disputes over the authority of the administrative organs continue to be infringed, which indirectly damages the rights of citizens. There are some defects in the current administrative system to resolve the disputes of authority. First, it is unfavorable to the protection of the relative rights of the administrative counterpart. Second, it leads to the inefficiency of administration. Third, it impedes the smooth progress of the administrative trial. Fourth, it is difficult to restrain the department interest. From the perspective of the type of administrative litigation, you can try to establish the type of litigation, that is, the court through the litigation process to resolve the administrative authority dispute. In addition to the common entity and procedural rules applicable to various types of administrative litigation, the construction of litigation in our country also includes the specific requirements of the scope of acceptance, the qualifications of the plaintiff, the rules of trial and the judgments.