征地拆迁领域司法裁判的对接与阻断机制:基于杭州市300份判决书的统计分析

Docking and Blocking Mechanism of Jurisdiction in the Field of Land Acquisition and Resettlement: Based on the Statistical Analysis of Hangzhou's 300 Verdicts

研究目的:以司法—过程为导向探讨征地拆迁领域司法裁判中的对接与阻断机制,为行政与司法中现有冲突的化解提供判断依据。研究方法:判决书统计分析法。研究结果:(1)从征地拆迁案件判决时空观察,司法管辖的时空层级与原告胜诉率呈负相关。管辖体系内高层级法庭的对接—阻断之网更倾向做出不利于原告的裁判。(2)从被诉主体观察,被诉机关的行政定位影响裁判结果。高职权关联部门与高层级部门的行为更符合对接—阻断之网的预期,并有更大概率作出原告败诉的裁判。(3)从诉讼案由观察,不同案由的原告胜诉率偏差明显。原告进行选择性起诉与外部施压的运作,使自身诉求贴近司法终局的判断。研究结论:司法管辖、作为被诉人的行政机关定位以及诉讼案由是影响对接—阻断之网判断的关键因素。原/被告运用这三类因素,使己方利益尽可能迎合对接—阻断之网的最终判断。这一研究有助于提高土地合法行政行为的可预测性,从而降低行政行为的司法成本。

The purpose of this article is to investigate docking and blocking mechanism of jurisdiction in the field of land acquisition and resettlement, which is judiciary-process oriented, and to provide criterion to resolve the existing administrative and judicial conflicts. Statistical analysis of judgment has been employed in this study. The results demonstrate that space-time level of jurisdiction was negatively correlated with plaintiff＇s winning rate, from the space- time perspective of land acquisition jurisdiction cases. The high-level courts＇ docking and blocking mechanism system within jurisdiction are more likely to make negative referee to plaintiff. From the perspective of main respondent, the executive position of respondent influences judgment results. Behaviors of departments with high competence and high- level sectors are more in line with the docking-blocking web＇s expectations and have a greater probability to make against the plaintiff referee. Observed from the causes of lawsuit, the plaintiff＇ s winning rate deviates apparently in different lawsuit causes. The plaintiff sues selectively and operates the external pressure in order to make its demands closed to final judgment. The conclusion is that jurisdiction, executive position of the respondent, and lawsuit causes are key factors to impact the judgment of docking-blocking web. Plaintiff and defendant apply these three factors to make their own interests to approach docking- blocking web＇s final judgment as much as possible. This study might improve the legal predictability of executive action so as to reduce the judicial costs of executive action.