美国行政法法官独立趋势研究

发布时间：2018-05-05 02:26

本文选题：行政法法官 + 独立趋势　；参考：《华东政法大学》2011年硕士论文

【摘要】：美国行政法法官制度已经渗透于这个国家生活的各个方面,包括经济发展、政治导向等领域,对其有着深远的影响。有学者甚至认为行政法法官已经成为美国法官系统的主角,而其中的行政法法官独立化进程更是美国现代行政法发展的一个剪影,它既反映出这个时代中行政权的无限扩张以及行政司法权的日益增强,同时也反映了公众对约束行政权日渐高涨的呼声。鉴于行政法法官独立化进程是从无到有,历经许多年,有诸多起伏,可见这一制度并非适用于所有情况,需要根据各地区、各行政机关的现实情况选择适宜的独立化措施;另一方面也说明美国立法对改革成果的确认是比较谨慎的,重大的变革只有在时机成熟时才会以成文法形式作出规定。这一过程中,许多立法建议是美国法学家们通过对行政法法官地位的深入调查和研究而提出的。行政法法官独立化进程中也暴露出一些问题,最令人担心的莫过于一支有着难以接受的数量的听证人员队伍,却存在着拙劣的表现和无视正直。目前,美国已有一支相当庞大的行政法法官队伍,联邦行政法法官人数是美国地方法院从事联邦刑事、民事案件审判法官人数的三倍;在联邦31个行政机关中有1005名行政法法官;在地方各州中,仅2004年,加利福尼亚州就有400名以上的行政法法官。这些行政法法官分布于美国社会各级政府之中,处理着每年上百万的行政纠纷,像任何一个大的集团一样不可避免地存在着滥用权力的现象;但由于行政法法官的独立性受到更多的重视,使他们很少受到来自外界的监督,并且随着其地位越高,越独立,也越发与外界隔绝。行政法法官独立化也是美国现代行政法发展的趋势,这种趋势并未停止,仍在蔓延。因此在对美国行政法法官制度研究时,对美国行政法法官独立演变趋势的研究探讨是必不可少的,在对行政法法官地位的独立演变的研究探讨过程中,正是对我国目前和今后听证制度发展前景的一个系统的梳理和借鉴。
[Abstract]:American administrative law judge system has penetrated into all aspects of the life of this country, including economic development, political orientation and other fields, and has a profound influence on it. Some scholars even think that administrative law judges have become the protagonists of the American judge system, and the process of independence of administrative law judges is a silhouette of the development of modern administrative law in the United States. It not only reflects the unlimited expansion of the executive power and the increasing increase of the administrative judicial power in this era, but also reflects the public's growing calls to restrain the executive power. In view of the fact that the process of the independence of administrative law judges is from scratch, after many years, there are many ups and downs, it is obvious that this system is not applicable to all situations, need to choose appropriate independent measures according to the actual situation of various regions and administrative organs; On the other hand, it also shows that American legislation is more cautious in recognizing the results of the reform, and that major changes will only be regulated by statute law when the time is ripe. In this process, many legislative proposals were put forward by American jurists through in-depth investigation and study of the status of administrative law judges. There are some problems in the process of the independence of administrative law judges. The most worrying problem is that there is an unacceptable number of hearing staff, but there is poor performance and disregard for integrity. At present, the United States has a quite large contingent of administrative law judges, the number of federal administrative law judges is three times as many as that of the United States local courts engaged in federal criminal, civil cases trial judges; There are 1005 administrative judges in 31 federal agencies and more than 400 in California in 2004 alone. These administrative law judges are distributed among all levels of government in American society, deal with millions of administrative disputes every year, like any large group, the phenomenon of abuse of power is inevitable; However, because the independence of administrative law judges is paid more attention to, they are seldom supervised by the outside world, and with their higher status, the more independent they are, the more isolated they are from the outside world. The independence of administrative law judges is also the trend of the development of modern American administrative law, which has not stopped and is still spreading. Therefore, in the study of the system of American administrative law judges, it is necessary to study the trend of the independent evolution of American administrative law judges, and in the process of studying the independent evolution of the status of administrative law judges, It is to our country at present and in the future hearing system development prospect of a systematic combing and reference.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D971.2;DD912.1

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