行政首长出庭应诉刍议

On the Chief Magistrate's Appearance in Court

近年来,在行政诉讼中,极少见行政首长出庭应诉,究其原因是多方面的,但主要还是行政首长自身的原因造成。行政首长不出庭应诉,有损法律的尊严和权威,有损行政审判的公信力,不利于及时对本机关的一些行政违法行为予以纠正,不利于增强工作人员依法行政的意识,阻碍了依法行政的落实。因而,行政首长出庭应诉应成为常态。

In recent years,there have been few chief magistrates who appeared in court in terms of administrative litigation.There are many reasons for such phenomenon.However,the main reason is related to the chief magistrates themselves.If the chief magistrate doesn＇t appear in court,the dignity and authority of the law will be spoiled,so will the public credit of the administrate trial;what＇s more,it will go against the timely correction of some illegal administrative actions,against the enhancement of the staff members＇ awareness of administrating by law,and against the implementation of administrating by law.Thus, the appearance of the chief magistrate in court should become normalized.