行政首长出庭应诉研究

发布时间：2018-12-07 12:26

【摘要】：行政首长出庭应诉自出现以来,不论在我国的理论界还是实务界都起着至关重要的作用。新修订的《行政诉讼法》第三条明确将行政首长出庭应诉以法律形式确定下来。一方面,行政首长出庭应诉的完善是建立法治政府,贯彻依法治国,推动司法改革进程中至关重要的一环;另一方面,行政首长参与到行政诉讼中来,不仅有利于推动司法改革的纵深,也有利于在行政诉讼中建立一个完整的诉讼权利义务关系。所以对行政首长出庭应诉的研究具有理论价值和实践意义必要性。本文共分为四个部分:第一部分,论述了行政首长出庭应诉的一般理论。明确界定了行政首长出庭的内涵,分析了行政首长出庭应诉与行政诉讼代理的区别,并进一步分析了行政首长出庭应诉的意义。第二部分,梳理了我国行政首长出庭应诉的现状及存在的问题。实践中,行政首长出庭应诉已经较为平常,但仍然存在一些亟需解决的问题,如行政首长出庭应诉的案件范围不明确、行政首长出庭应诉率总体不高、各地行政首长出庭应诉不平衡、行政首长出庭应诉表现形式化等。第三部分,分析了我国行政首长出庭应诉存在问题的原因。主要从法律制度原因、行政首长原因、司法环境原因及地区差异原因四个方面进行分析,旨在从中发现改善当前行政首长出庭应诉实效的突破口从而在制度层面和运行层面提出应对措施。第四部分,对推进行政首长出庭应诉提出若干构想。针对我国行政首长出庭应诉存在的问题及其原因,提出应当采取措施推进行政首长出庭应诉。具体包括:明确行政首长出庭应诉的案件范围,具体规定应当出庭应诉的情形和不应当出庭应诉的情形;采取措施提高行政首长出庭应诉的实效;建立行政首长出庭应诉的司法程序保障机制;完善行政首长出庭应诉的监督与问责机制;优化外部司法环境和创建地区交流平台与跨地区考评机制等。
[Abstract]:Since the appearance of the chief executive in court, both theoretical and practical circles in China have played a vital role. Article 3 of the newly revised Administrative procedure Law makes it clear that the chief executive should appear in court in the form of law. On the one hand, the perfection of the chief executive appearing in court is a crucial link in the process of establishing the government ruled by law, running the country according to law and promoting the judicial reform. On the other hand, the participation of executive heads in administrative proceedings is not only conducive to promoting the depth of judicial reform, but also conducive to the establishment of a complete relationship between litigation rights and obligations in administrative litigation. Therefore, the research of the chief executive appearing in court is of theoretical value and practical significance. This paper is divided into four parts: the first part discusses the general theory of chief executive appearing in court. This paper clearly defines the connotation of the administrative head appearing in court, analyzes the difference between the administrative head appearing in court and the administrative litigation agent, and further analyzes the significance of the administrative head appearing in court. The second part, combs our country executive head to appear in court to answer the lawsuit the present situation and the existence question. In practice, it is common for the executive head to appear in court, but there are still some problems that need to be solved. For example, the scope of the case appearing before the court is not clear, and the rate of appearing in court is not high. The appearance of the chief executive in court is unbalanced, and the appearance of the chief executive in court is formalized and so on. In the third part, the author analyzes the reasons of the problems in the appearance of the chief executive in court. Mainly from the legal system reason, the executive head reason, the judicial environment reason and the region difference reason four aspects carries on the analysis, The purpose of this paper is to find a breakthrough to improve the effectiveness of administrative heads' appearance in court so as to put forward countermeasures at the level of system and operation. The fourth part, puts forward some ideas to promote the executive head to appear in court. In view of the problems and reasons of the chief executive appearing in court in our country, the author puts forward that measures should be taken to promote the appearance of the executive head in court. It includes: defining the scope of the cases where the executive head should appear in court, specifying the circumstances in which he should appear in court and not appearing in court; taking measures to improve the effectiveness of the appearance of the executive head in court; To establish the judicial procedure guarantee mechanism for the administrative head to appear in court; to perfect the supervision and accountability mechanism of the administrative head to appear in court; to optimize the external judicial environment and to create a regional exchange platform and cross-regional evaluation mechanism.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3

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