行政检察文书说理的基本结构

The Basic Structure of Reasoning in Administrative Prosecution Document

行政检察承担着法律监督、权利救济、争议化解三重使命。行政检察办案应当结论合法,并对生效行政裁判、涉案行政行为的合法性进行公允评价;回应当事人主张,推动当事人正当诉求得以实现;对各方争议作出明确的判断和评价,通过释法说理最大限度凝聚共识。多数行政诉讼监督案件经历了行政执法、行政复议和行政诉讼一审、二审、再审审查多个环节,各方当事人付出了大量的精力和时间,而行政争议却仍然没有得到解决。要让人民群众在每一个行政检察案件中感受到公平正义,行政检察办案应当在提高效率的同时以保障实体公正、促进实质性解决行政争议为目标。相应地,行政检察文书说理应当以实体公正说理为主,兼顾程序正当说理。其中,审查判断证据说理、认定事实说理、法律适用说理、案件结论说理环环相扣。审查判断证据及其说理服务于认定事实,证明标准说理、推定说理、举证责任分配说理是事实认定说理的基本方法。尽管通过法律适用及其说理通常可以得出案件结论,但案件结论具有其独特作用,案件结论说理的基本方法是司法裁量和价值选择说理。在结构上,行政检察文书说理以合法性说理为框架,以法律关系说理为主线,以实质性化解行政争议为目标。

Administrative prosecution bears the triple mission of legal supervision,rights relief,and dispute resolution.Handling administrative prosecution cases should draw law-based conclusions and fairly evaluate the legality of effective administrative judgments and administrative actions involved in the case;respond to the claims of the parties involved and promote the realization of their legitimate demands;make clear judgments and evaluations of disputes among all parties,and maximize consensus through interpretation and reasoning.Most administrative litigation supervision cases go through multiple stages such as administrative law enforcement,administrative reconsideration,and first instance,second instance,and retrial review.Although all parties involved have put in a lot of effort and time,administrative disputes often remain unresolved.To make the people feel and recognize fairness and justice in every administrative procuratorial case,the handling of these cases should aim to improve efficiency while ensuring substantive fairness and promoting substantive resolution of administrative disputes.Correspondingly,the reasoning of administrative procuratorial documents should primarily focus on substantive fairness,while also considering procedural legitimacy.Among them,the examination and judgment of evidence reasoning,the determination of facts reasoning,the application of law reasoning,and the case conclusion reasoning are interrelated.The examination and judgment of evidence and its reasoning serve to determine legal facts.The basic methods of factual reasoning include reasoning based on proof standards,reasoning based on presumptions,and reasoning based on the allocation of burden of proof.Although case conclusions can usually be drawn through legal application and reasoning,they have their unique role,and the basic methods of reasoning case conclusions involve judicial discretion and value-based choices.Structurally,the reasoning of administrative prosecutorial documents takes legality reasoning as the framework,legal relationship reasoning as the main thread,and substantive resolution of administrative disputes as the goal.