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在地处荆山山脉的保康县,随着公民法律意识逐渐增强,民告官的案件逐年增多。近两年,该县行政机关却陷入了“一打官司就输,一当被告就败”的被动局面。经过1998年全县开展依法治县扎实有效的工作,行政机关依法行政,终于走出了屡屡败诉的窘境。“民告官”何以“官”败居多保康县人民法院1996年受理的44件行政诉讼案件中43件是行政机关处罚错误;1997年受理的81件行政诉讼案件全部以行政机关败诉而告终。人们不禁要问,“民告官”何以“官”屡屡败诉?从该县1996、1997两年发生的125件行政诉讼案件来看,因执法者执法程序不规范而导致行政诉讼败诉的占70%。对这些案件的处理,行政机关一般都能做到对被处罚人的定性准确,适用法律法规正确,但差错往往就出现在有的环
In Baokang County, located in Jingshan Mountain Range, with the gradual increase of citizens’ legal awareness, the number of people suing the Crown increased year by year. In the past two years, the county administrative authorities have fallen into a passive state of “losing a lawsuit and defecting one defendant.” After 1998, the county carried out a solid and effective administration of the county according to law, administrative organs according to law, and finally out of the predicament often lost. In 43 cases of 44 administrative litigation cases accepted by the people’s court of Baokang County in 43 cases, they were wrongly punished by the administrative organs; in 81 administrative litigation cases handled in 1997, all were governed by administrative The authorities ended in failure. People can not help but ask, “Civil sue official ” Why “official ” often lose? From the county in 1996,1997 two cases of administrative proceedings in 125 years, due to the law enforcement process is not standardized and lead to administrative litigation Lost 70%. The handling of these cases, the executive authorities can generally be qualitative and accurate punishment of the people, the applicable laws and regulations correct, but the error often appears in some ring