行政首长出庭应诉:价值重估与技术改良——以浙江66个规范文本为基点的分析

Revaluation and Technical Improvement of Chief Executive Pleading in Court: Analysis on 66 Legal Norms in Zhejiang

行政首长出庭应诉制度肇始于各地实践,并得到2014年11月1日通过的《全国人民代表大会常务委员会关于修改<中华人民共和国行政诉讼法>的决定》所吸收,上升为法律规定。经对浙江各地发布的66个规范文本的分析,发现普遍将"促进依法行政"作为行政首长出庭应诉的共同选择,但基本制度设计与价值定位相去甚远。相对于委托律师等代理人参与诉讼,行政首长出庭应诉的价值在于为争议的协调、和解提供沟通平台,促进行政争议化解,建议从出庭首长、出庭案件、出庭要求三方面予以系统建构。

Initiating from local practice, the chief executive pleading in court system was absorbed by the Decision on Amendment oF People＇s Republic of China Administrative Procedure Law by the Standing Committee of the National People＇s Congress promulgated on 2014.11.1, becoming the law. By analysis on 66 legal norms issued in different areas in Zhejiang province, it is found that although ＇enhancing the administration by law＇ is taken as the common choice by the chief executive pleading in court, the basic system design goes far away from its due value position. Compared to pleading by agents such as lawyers, the chief executive doing it himself aims at providing a platform for dispute coordination and reconciliation in order to facilitate the administrative dispute solution. Therefore it is suggested to construct systematically from aspects of the chief executive, the pleading in court case and related requirement.