论我国的行政诉讼政策
发布时间：2019-05-05 08:33
【摘要】：行政诉讼政策在行政诉讼司法实践中广泛存在,并从实质上深刻的影响着行政诉讼,但是目前学界对这一现象少有研究。作者界定了行政诉讼政策的概念,分析了其存在的必然性,梳理了进入司法实践的途径,并以行政首长出庭应诉为例研究其作为行政诉讼政策的演变过程,为加深对行政诉讼政策的理解、拓展行政诉讼政策的观察分析视野起到了一定的积极作用。作者通过对法律、政策、法律政策、司法政策等概念进行梳理和界定,对行政诉讼政策的概念进行了界定,提出行政诉讼政策是国家处理行政诉讼问题的一种导向或立场、态度,是党和国家、人大及其常委会、法院和检察院在一定阶段为实现特定目标而对行政诉讼的一种态度,或采取的行为准则、指南。并对行政诉讼政策的特征和表现形式进行了分析。行政诉讼政策的存在,不是偶然的人为的现象,而是多种原因造成的必然性的存在。作者对行政诉讼政策存在的必然性进行了分析,其中包括历史的基因、经济社会发展的需要和我国当下的司法制度的困境。行政诉讼政策进入司法实践的途径研究也是行政诉讼政策的重要组成部分,主要有三种途径:法律形式、司法解释或司法文件以及法官在审判过程中的价值判断。行政首长出庭应诉作为中国特色法治建设的探索,是一项典型的行政诉讼政策。行政首长出庭应诉是指行政相对人依法向人民法院提起行政诉讼,被诉行政机关的负责人出庭应诉答辩的一项诉讼制度。该制度经历了从地方创举到国家认可、从“良性违法”到被纳入法律、从行政推动到司法推动的演变过程,在运行过程中实现了从实质上解决行政纠纷的目的。最后,作者从制度的发展的角度,结合国情和法治社会发展对行政诉讼政策进行了展望。
[Abstract]:Administrative litigation policy exists widely in the judicial practice of administrative litigation, and has a profound influence on administrative litigation in essence, but there is little research on this phenomenon in academic circles at present. The author defines the concept of administrative litigation policy, analyzes the inevitability of its existence, combs the ways of entering judicial practice, and studies the evolution process of administrative litigation policy by taking the chief executive to appear in court as an example. In order to deepen the understanding of administrative litigation policy, expand the observation and analysis vision of administrative litigation policy has played a positive role. Through combing and defining the concepts of law, policy, law policy, judicial policy and so on, the author defines the concept of administrative litigation policy, and points out that administrative litigation policy is a direction or stand for the state to deal with administrative litigation problems. Attitude, is the party and the state, the people's Congress and its standing Committee, the courts and procuratorates in a certain stage in order to achieve specific goals and administrative proceedings, or adopt a code of conduct, guidelines. And to the administrative litigation policy characteristic and the expression form has carried on the analysis. The existence of administrative litigation policy is not accidental man-made phenomenon, but the existence of inevitability caused by many reasons. The author analyzes the inevitability of the existence of administrative litigation policy, including the historical genes, the needs of economic and social development and the plight of the current judicial system in China. The research on the way of administrative litigation policy entering into judicial practice is also an important part of administrative litigation policy, there are three main ways: legal form, judicial interpretation or judicial documents, and judges' value judgment in the process of trial. As an exploration of the construction of the rule of law with Chinese characteristics, it is a typical administrative litigation policy for the chief executive to appear in court. The chief executive appearing in court is a lawsuit system in which the administrative counterpart brings administrative litigation to the people's court according to law, and the person in charge of the sued administrative organ appears in court to answer the lawsuit. The system has experienced the evolution from local innovation to national recognition, from "benign violation" to being incorporated into law, from administrative promotion to judicial promotion, and has realized the aim of resolving administrative disputes in essence in the course of operation. Finally, the author looks forward to the administrative litigation policy from the point of view of the development of the system, combined with the national conditions and the development of the society ruled by law.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
本文编号：2469417
[Abstract]:Administrative litigation policy exists widely in the judicial practice of administrative litigation, and has a profound influence on administrative litigation in essence, but there is little research on this phenomenon in academic circles at present. The author defines the concept of administrative litigation policy, analyzes the inevitability of its existence, combs the ways of entering judicial practice, and studies the evolution process of administrative litigation policy by taking the chief executive to appear in court as an example. In order to deepen the understanding of administrative litigation policy, expand the observation and analysis vision of administrative litigation policy has played a positive role. Through combing and defining the concepts of law, policy, law policy, judicial policy and so on, the author defines the concept of administrative litigation policy, and points out that administrative litigation policy is a direction or stand for the state to deal with administrative litigation problems. Attitude, is the party and the state, the people's Congress and its standing Committee, the courts and procuratorates in a certain stage in order to achieve specific goals and administrative proceedings, or adopt a code of conduct, guidelines. And to the administrative litigation policy characteristic and the expression form has carried on the analysis. The existence of administrative litigation policy is not accidental man-made phenomenon, but the existence of inevitability caused by many reasons. The author analyzes the inevitability of the existence of administrative litigation policy, including the historical genes, the needs of economic and social development and the plight of the current judicial system in China. The research on the way of administrative litigation policy entering into judicial practice is also an important part of administrative litigation policy, there are three main ways: legal form, judicial interpretation or judicial documents, and judges' value judgment in the process of trial. As an exploration of the construction of the rule of law with Chinese characteristics, it is a typical administrative litigation policy for the chief executive to appear in court. The chief executive appearing in court is a lawsuit system in which the administrative counterpart brings administrative litigation to the people's court according to law, and the person in charge of the sued administrative organ appears in court to answer the lawsuit. The system has experienced the evolution from local innovation to national recognition, from "benign violation" to being incorporated into law, from administrative promotion to judicial promotion, and has realized the aim of resolving administrative disputes in essence in the course of operation. Finally, the author looks forward to the administrative litigation policy from the point of view of the development of the system, combined with the national conditions and the development of the society ruled by law.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
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1 付杨;论我国的行政诉讼政策[D];郑州大学;2017年
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