管辖选择权:行政案件管辖制度改革之一剂良方——基于行政诉讼中“官官相护”滋生“告状难”现象的分析

Choice of Jurisdiction:a Recipe of the Reform of Jurisdiction System of Administrative Cases——Based on analysis of “Officials Shield Officials” breeds “difficulty to complain” in administrative proceedings

从行政诉讼原被告及法官三方力量博弈的角度看,受制于现行行政案件管辖制度,"当地法院管辖"、"法院裁定管辖"使得强势的行政权与次强势的司法权强强联合成为现实,进而导致弱势的原告"告状难"。司法权行使去当地化,阻断行政权对司法权的不当干扰;司法权行使去裁定化,杜绝司法权不当行使;赋予原告充分的案件管辖选择权,提升其对抗行政权、司法权的能力,促成三方力量平衡,是解决民告官"告状难"的一剂良方。

From the point of view of three parties power game of plaintiffs, defendants and judges in the administrative proceedings, subject to the existing jurisdiction system of administrative cases, ＂Jurisdiction by local c.ourt＂ ,＂Jurisdiction ruled by court＂ makes the combination of strong executive power and second powerful judicial power a reality, which led to the vulnerable plaintiff ＂ difficult to complain. ＂ Exercise judicial power without local influence, blocking the undue interference of the executive power to the judicial power; Exercise judicial power without the ruling of jurisdiction, to prevent improper exercise of judicial power; give plaintiffs fully rights to choose the jurisdiction of the case, to enhance its abilities to defend against the executive＂ power and judicial power, contribute to the tripartite balance of power, that is a recipe to solve the difficulties of citizen suing government officials.