我国行政机关负责人出庭应诉制度研究

发布时间：2018-07-16 16:06

【摘要】：行政机关负责人出庭应诉制度是《行政诉讼法》修改的一大亮点。虽然目前该项制度已经有了明确的法律依据,但是针对该制度仍有较为激烈的两级争议。作为一项带有中国特色的制度,在当前有其存在的社会土壤和内生性需求,它的确立有利于化解行政诉讼纠纷、树立法治政府形象、维护司法权威。因此,各地政府纷纷将推进行政机关负责人出庭作为依法行政的重要内容。文章对该制度实施两年来的现状进行了分析发现,该制度在实施中虽取得了一定的良好的效果。但行政机关负责人出庭应诉率仍然较低,行政机关消极应诉,出庭效果没有达到预设的效果。在立法和实践层面也暴露出诸多问题,例如相关司法解释不完善,审判程序容易因行政机关机关负责人未出庭而中断等。文章认为,为使行政首长出庭应诉制度的理论基础更加坚实,运行机制更加完善成熟,要完善司法解释,确立更加具体的内容,法院应完善相应的审判配套制度,行政机关应加强行政监督,还要优化媒体宣传效应。
[Abstract]:The system of administrative organ chief appearing in court is a bright spot in the revision of the Administrative procedure Law. Although there is a clear legal basis for the system, there are still two-level disputes over the system. As a system with Chinese characteristics, it has its own social soil and endogenous demand at present. Its establishment is conducive to resolving disputes in administrative litigation, setting up the image of the government ruled by law, and maintaining the judicial authority. Therefore, the local governments have to promote the administrative organs to appear in court as an important content of administration according to law. This paper analyzes the present situation of this system in the past two years and finds that it has achieved some good results in its implementation. However, the appearance rate of the principal of administrative organs is still low, the negative response of administrative organs is still low, and the effect of appearing in court does not reach the preset effect. There are also many problems in legislation and practice, such as imperfect judicial interpretation, trial procedure is easily interrupted by the failure of the chief executive to appear in court, and so on. The article holds that in order to make the system of chief executive appear in court to be more solid in theory, more mature in operating mechanism, to perfect the judicial interpretation and to establish more concrete contents, the court should perfect the corresponding trial supporting system. Administrative organs should strengthen administrative supervision and optimize the effect of media publicity.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3

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