论行政诉讼执行难及其解决

发布时间：2018-11-08 18:12

【摘要】：行政诉讼的目的是解决行政争议,保护公民、法人和其他组织的合法权益,行政诉讼执行虽然是行政诉讼中的最后一个环节,但是只有真正落实法院裁判确定的权利义务,才能够完全解决行政纠纷。目前,我国行政诉讼“执行难”形势严峻,与“立案难”、“审理难”合称“三难”,是人民群众在行政诉讼中反映强烈的问题。与民事诉讼和刑事诉讼相比,行政诉讼具有“民告官”的特殊属性,尤其是在行政机关作为被告败诉,拒不履行裁判义务时,在现阶段由法院对其进行强制执行非常困难。一方面是因为我国司法不独立和司法权威不足,法院的人、财、物均受制于地方；另一方面是因为我国行政诉讼执行法律制度不完善,法院能够采取的强制措施有限。尽管新《行政诉讼法》增加了对“行政机关负责人罚款、拘留”、“公告”等措施可以在一定程度上缓解我国目前行政诉讼“执行难”的现状,但是仍然存在不足。为了切实解决行政诉讼“执行难”的问题,首先应当进行司法体制改革,保障司法独立,其次还应对有关行政裁判执行的具体法律制度进行完善。
[Abstract]:The purpose of administrative litigation is to resolve administrative disputes and to protect the legitimate rights and interests of citizens, legal persons and other organizations. Although the execution of administrative proceedings is the last link in administrative litigation, it is only true that the rights and obligations as determined by the court decisions are implemented. In order to completely resolve administrative disputes. At present, the situation of "difficult execution" of administrative litigation in our country is severe, and it is called "three difficulties" together with "difficult to file a case" and "difficult to hear", which is a strong problem reflected by the masses of people in administrative litigation. Compared with civil proceedings and criminal proceedings, administrative litigation has the special attribute of "public prosecution", especially when administrative organs fail as defendants and refuse to perform their duties of adjudication, it is very difficult for the courts to enforce them at the present stage. On the one hand, because of the lack of judicial independence and judicial authority in our country, the people, property and property of the court are all subject to local conditions; on the other hand, the enforcement legal system of administrative litigation in our country is imperfect, and the compulsory measures that the court can take are limited. Although the new Administrative Litigation Law has added the measures of "fine, detention" and "proclamation" for the persons in charge of administrative organs, to a certain extent, it can alleviate the present situation of "difficult execution" of administrative litigation in our country, but there are still some shortcomings. In order to solve the problem of "difficult execution" of administrative litigation, we should first reform the judicial system to ensure the independence of the judiciary, and then perfect the specific legal system concerning the execution of administrative decisions.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.3

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