我国行政诉讼执行程序研究
发布时间：2019-05-18 04:57
【摘要】：自我国《行政诉讼法》颁布施行以来,行政纠纷有了新的解决方式——行政诉讼。随着我国行政诉讼制度的不断发展,行政诉讼案件的数量也在逐年增加。但案件数量的增加并不意味着行政纠纷就得到了有效的解决,任何裁判如果没有得到执行,行政纠纷不仅得不到解决,还会严重损害司法的权威和公信力。行政诉讼执行是我国行政诉讼程序中比较薄弱的环节,由于双方当事人在各方面都存有差异,在行政诉讼执行中法院对双方能够采取的措施也各不相同。2014年,我国的《行政诉讼法》进行了首次比较大的修改,并于2015年5月1日起开始施行,对行政诉讼执行程序也有了新的相关规定,这引发了笔者对于行政诉讼执行程序的现状和发展方向的思考。本文分为了六个部分进行写作:第一章对本文的选题依据和研究的价值与意义进行了阐述,同时分析了国内外对于这一问题的研究现状;第二章主要对行政诉讼执行程序的概念和特点进行了具体的介绍,分析比较了其与相近概念的异同,也对其价值与目的进行了论述。第三章对相关的立法沿革进行了梳理,总结了行政诉讼执行程序的立法现状和立法内容,为后文提出不足作了一定的铺垫。第四章首先总结和分析了行政诉讼执行程序的相关数据和案例,在此基础上得出行政诉讼执行难主要难在对行政机关的执行上,概述了“执行难”的表现,分析了影响以及造成这一局面的原因,使得下文完善举措的提出更有针对性。第五章采用了比较的方法,就我国行政诉讼执行存在的问题,对美、英、法、德及我国港澳台地区关于执行行政机关财产、行为时所采取的措施及相关制度进行具体介绍,试图从这些国家和地区的执行制度中找到我国可以借鉴的地方。第六章就我国行政诉讼执行程序的完善提出建议。对其所应坚持的原则进行了分析,参考比较行政诉讼执行的各种模式,结合我国的具体实际,提出了完善我国行政诉讼执行程序的具体举措。
[Abstract]:Since the promulgation and implementation of Administrative procedure Law in China, there has been a new way to solve administrative disputes-administrative litigation. With the continuous development of administrative litigation system in our country, the number of administrative litigation cases is also increasing year by year. However, the increase of the number of cases does not mean that the administrative disputes have been effectively resolved. If any judgment is not implemented, the administrative disputes will not only not be resolved, but will also seriously damage the authority and credibility of the judiciary. The execution of administrative litigation is a relatively weak link in the administrative litigation procedure of our country. Because of the differences between the two parties in all aspects, the court can take different measures against the two sides in the implementation of administrative litigation. In 2014, The Administrative procedure Law of our country has been revised for the first time, and it has been put into force since May 1, 2015, and there are also new relevant provisions on the enforcement procedures of administrative litigation. This causes the author to think about the present situation and development direction of administrative litigation execution procedure. This paper is divided into six parts: the first chapter expounds the basis of this topic and the value and significance of the study, and analyzes the research status of this issue at home and abroad. The second chapter mainly introduces the concept and characteristics of administrative litigation execution procedure, analyzes and compares its similarities and differences with similar concepts, and also discusses its value and purpose. The third chapter combs the relevant legislative evolution, summarizes the legislative status and legislative content of administrative litigation enforcement procedure, and paves the way for the following deficiencies. The fourth chapter first summarizes and analyzes the relevant data and cases of administrative litigation execution procedure, on this basis, draws the conclusion that the difficulty of administrative litigation execution is mainly difficult in the implementation of administrative organs, and summarizes the performance of "difficult execution". This paper analyzes the impact and the reasons for this situation, so that the following improvement measures are more targeted. The fifth chapter adopts the comparative method to introduce in detail the problems existing in the execution of administrative litigation in China, the measures taken by the United States, Britain, France, Germany and Hong Kong, Macao and Taiwan in the implementation of the property, behavior and related systems of the administrative organs in the United States, Britain, France, Germany and Hong Kong, Macao and Taiwan. Try to find out the place that our country can learn from the implementation system of these countries and regions. The sixth chapter puts forward some suggestions on the improvement of administrative litigation execution procedure in our country. This paper analyzes on the principles that should be adhered to, compares the various modes of administrative litigation execution, and puts forward some concrete measures to perfect the administrative litigation execution procedure of our country according to the concrete reality of our country.
【学位授予单位】：电子科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
本文编号：2479696
[Abstract]:Since the promulgation and implementation of Administrative procedure Law in China, there has been a new way to solve administrative disputes-administrative litigation. With the continuous development of administrative litigation system in our country, the number of administrative litigation cases is also increasing year by year. However, the increase of the number of cases does not mean that the administrative disputes have been effectively resolved. If any judgment is not implemented, the administrative disputes will not only not be resolved, but will also seriously damage the authority and credibility of the judiciary. The execution of administrative litigation is a relatively weak link in the administrative litigation procedure of our country. Because of the differences between the two parties in all aspects, the court can take different measures against the two sides in the implementation of administrative litigation. In 2014, The Administrative procedure Law of our country has been revised for the first time, and it has been put into force since May 1, 2015, and there are also new relevant provisions on the enforcement procedures of administrative litigation. This causes the author to think about the present situation and development direction of administrative litigation execution procedure. This paper is divided into six parts: the first chapter expounds the basis of this topic and the value and significance of the study, and analyzes the research status of this issue at home and abroad. The second chapter mainly introduces the concept and characteristics of administrative litigation execution procedure, analyzes and compares its similarities and differences with similar concepts, and also discusses its value and purpose. The third chapter combs the relevant legislative evolution, summarizes the legislative status and legislative content of administrative litigation enforcement procedure, and paves the way for the following deficiencies. The fourth chapter first summarizes and analyzes the relevant data and cases of administrative litigation execution procedure, on this basis, draws the conclusion that the difficulty of administrative litigation execution is mainly difficult in the implementation of administrative organs, and summarizes the performance of "difficult execution". This paper analyzes the impact and the reasons for this situation, so that the following improvement measures are more targeted. The fifth chapter adopts the comparative method to introduce in detail the problems existing in the execution of administrative litigation in China, the measures taken by the United States, Britain, France, Germany and Hong Kong, Macao and Taiwan in the implementation of the property, behavior and related systems of the administrative organs in the United States, Britain, France, Germany and Hong Kong, Macao and Taiwan. Try to find out the place that our country can learn from the implementation system of these countries and regions. The sixth chapter puts forward some suggestions on the improvement of administrative litigation execution procedure in our country. This paper analyzes on the principles that should be adhered to, compares the various modes of administrative litigation execution, and puts forward some concrete measures to perfect the administrative litigation execution procedure of our country according to the concrete reality of our country.
【学位授予单位】：电子科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
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