破解“见官”难题:探求当前行政应诉制度与政府行政管理的契合点——以Q地区N市法院行政诉讼案件数据为样本

Exploring the Correspondence between Current Administrative Responsibility System and Government Administration——Samples of Administrative Litigation Cases in N districts of Q District

2015年5月1日施行的《行政诉讼法》将行政机关负责人出庭应诉写入法律,各省市也出台了相关的《办法》,虽然行政应诉制度有了法律法规规章等规范性文件的理论支撑,但在实践中能否很好的执行,却是另当别论。通过对Q市六县市行政诉讼案件的行政机关负责人应诉情况进行统计,并结合六县市行政诉讼案件收结情况、应诉率等进行分析,发现该制度在基层实践中的存在行政不作为、行政机关消极应诉、行政机关应诉机制不健全、当事人过度解读应诉制度等问题,为此,借鉴个别县市有效的内部机制,提出几点建议。

Administration by law is an important part of the basic strategy of governing the country according to law. The＂Decision＂adopted by the Fourth Plenary Session of the 18 th CPC Central Committee clearly states that it is necessary to＂further promote administration according to law and speed up the building of a government ruled by law.＂On May 1, 2015, the＂Administrative Procedure Law＂also put the head of an administrative organ on court to write a lawsuit into law, and various provinces and municipalities also promulgated the relevant＂measures＂. Although the administrative response system has the normative laws and regulations, document theoretical support, whether it can be well implemented, in practice is another matter. Based on the statistical analysis of the respondents in charge of administrative organs of administrative litigation cases in six counties and cities in Q City, this paper analyzes the situation of litigation and the response rate of litigation in six counties and cities, and finds that the system exists in grassroots practice Administrative omission, negative response by administrative organs, inadequate responding mechanism of administrative organs, excessive interpretation of litigation system by litigants and other issues, and draw lessons from the effective internal mechanisms of individual counties and cities to make some suggestions.