黨政合設合署與行政訴訟制度的回應

黨政合設合署是中共中央2018年2月明確提出的機構改革舉措。當下，這一改革已經展開。此次改革中黨政合設合署的範圍有限，今後也不可能大量出現黨的機構直接、獨立行使國家行政管理職權的現象，但並不排除此類現象的發生。黨政合設合署後行政權力的行使主體可能更為強勢，也會帶來黨的機構在行使行政管理權的同時如何做到權責統一的問題。為此，需要將黨的機構以其加掛或保留的行政機關的名義作為行政訴訟中的適格被告，將其進行實質行政、直接影響相對人權益的行為納入行政訴訟的受案範圍，並允許將其制定的、被作為行政執法主要依據的規範性檔有限度地納入附帶審查的範圍。同時，應按照黨的十八屆四中全會決定的精神，堅定不移地推進司法改革，確保行政訴訟中法院能夠獨立公正地行使審判權，以應對更加強勢的被告。

In February 2018, the Central Committee of the Communist Party of China initiated the institutional reform measures for the partial combination and joint office of Party organs and governmental agencies. At present, this reform has begun. The scope of the combination of Party organs and governmental agencies in this institutional reform is limited. In future practices, it is impossible for a large number of Party organs to directly and independently exercise the state administrative power, but it does not rule out the occurrence of such phenomenon. Moreover, those who exercise the executive power after the institutional reform may be more powerful. The problem of how to integrate power and responsibility during the exercise of state andministrative power by party organs shall also need to be resolved. Therefore, it is required that the administrative agency which the Party organ is added to or retains should be the proper defendant in administrative litigation. The administrative actions made by the Party organs which in the substantive sense directly affect the rights and interests of administrative counterpart should be included in the scope of administrative litigation. The normative documents formulated by the Party organs used as the main basis of administrative enforcement should be included in the scope of incidental review in administrative litigation at a limited scale. At the same time, in accordance with the spirit of the decision of the Fourth Plenary Session of the 18 th CPC Central Committee, we should firmly promote judicial reform to ensure that the court can exercise judicial power independently and impartially in administrative litigation so as to cope with the more powerful defendants.