行政机关负责人出庭应诉制度的价值考量与完善对策

The Value Consideration and Perfecting Countermeasureof the System of Administrative Chief Appealing in Court

行政机关负责人出庭应诉作为一项具有中国本土特色的制度设计,是法治政府建设的重要推动力,也是行政审判制度改革中的重点与难点。司法实践显示,制度在设计方面存在着行政机关负责人范围过宽、出庭应诉案件不明确、不出庭惩戒措施乏力等问题,需要通过合理选择出庭应诉负责人、细化出庭事项范围、标定出庭次数比例以及强化惩戒处理措施等方面予以完善;制度在实践层面存在着出庭率低、消极应诉以及出庭应诉质效不佳等突出问题,亟待通过健全出庭案件法院裁量机制、出庭应诉联合互动机制、司法建议反馈工作机制、统计数据定期通报机制、行政应诉考核惩戒机制等措施全方位建构配套机制。由此,才能最大限度发挥该项制度有效预防和实质性化解行政争议的初心与价值,有力推进法治政府建设与行政审判制度改革。

As a system design with Chinese local characteristics,the person in charge of administrative organs appearing in court is an important driving force for the construction of a government under the rule of law,and it is also a key and difficult point in the reform of the administrative trial system.Judicial practice has shown that the design of the system has problems such as the scope of administrative authorities in charge is broad,the scope of cases in court and the disciplinary measures are weak and other institutional norms are not perfect.Therefore,it is necessary to improve it in terms of selecting suitable persons in charge to appear in court,refining the scope of court matters,standardizing the proportion of court appearances and strengthening disciplinary measures.And the system has prominent problems in practice,such as low court appearances,passive response,and poor quality of appearances.It is urgent to construct a comprehensive supporting mechanism by improving the court adjudication mechanism of court cases,the joint interaction mechanism of appearing in court,the judicial suggestion feedback mechanism,the regular notification mechanism of statistical data,and the administrative response assessment and punishment mechanism.Therefore,it is possible to maximize the original intention and value of the system to effectively prevent and substantively resolve administrative disputes,and to effectively promote the construction of government under the rule of law and the reform of the administrative trial system.