论行政诉讼中的禁止单方接触原则

The principle of prohibition of unilateral contact in administrative litigation

禁止单方接触原则是现代司法行为的一项基本准则,对于维护程序公平、保障司法公正有着重要意义。而我国因过分强调分工合作的权力架构、司法的行政化、地方化严重、行政审判法官专业化不够、法院内部监督体制不健全等原因导致行政诉讼中禁止单方接触原则缺失,实践中法官法的一般规定被漠视,法院与行政机关间互动习以为常。这严重违背程序公平、公正与审判中立原则,使得司法腐败丛生,损害司法公信力。只有注重司法与行政的分权制衡、加快司法的去行政化改革、提升法官的专业化水平、完善法院内部监督机制以及通过立法,严格限制单方接触,才能落实我国行政诉讼中的禁止单方接触原则,进一步实现司法公正,促进我国司法与行政的良性互动。

The principle of prohibition of unilateral contact is a basic criterion in modern judicial act. It is of significance to maintain procedural justice and keep judicial justice. However, it is often neglected because in China power structure is overemphasized, the problems of the administration of judicature and the localization of judicature are serious, the trial judges are not professional. Due to the lack of the principle ,general provisions in China＇s Judge Law has been ignored in practice. Court and the executive authorities are accustomed to communication with each other. These violate the procedural fairness rule seriously and contradict the modern judicial principle that the judiciary shall remain neutral in a trial, making judicial corruption constantly increase and the judicial credibility undermined. We should take more focus on the power mechanism of checks and balances between judicial power and administrative power, accelerate the pace of ＂ de-administration ＂ of judicature reform, promote judge＇s professional level and perfect the court internal supervision mechanism. Only by doing so, the principle of prohibition of unilateral contact can be carried out in our administrative litigation, further realizing the judicial justice can be realized, promoting the positive interaction between the judicial and administrative power.