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行政诉讼与行政问责密切关联又相互区别。就行政主体对行政利害关系人之责任而言,行政诉讼是一种重要的行政问责机制。在行政诉讼承载着监督行政主体及其人员依法行政之功能的前提下,行政诉讼又是人民法院及其司法人员发现行政公务人员违反政纪或法律并依法移送行政问责案件从而启动行政问责程序的重要渠道。《行政诉讼法》第56条就行政诉讼与行政问责的衔接问题有所涉及,但存在诸多欠缺,有待通过构建相关的配套制度加以落实和完善。
Administrative litigation and administrative accountability are closely related and different from each other. As far as the responsibility of the administrative subject to the administrative parties is concerned, administrative litigation is an important administrative accountability mechanism. Under the precondition that administrative litigation bears the function of supervising administrative subject and its personnel according to law, administrative litigation is the procedure of administrative accountability after the people’s court and its judicial officers discover that the administrative public servants violated the politics or law and transferred the administrative accountability cases according to law Important channel. Article 56 of the Administrative Procedure Law deals with the connection between administrative litigation and administrative accountability. However, there are many deficiencies yet to be implemented and perfected through the establishment of related supporting systems.