论文部分内容阅读
从行政诉讼原被告及法官三方力量博弈的角度看,受制于现行行政案件管辖制度,“当地法院管辖”、“法院裁定管辖”使得强势的行政权与次强势的司法权强强联合成为现实,进而导致弱势的原告“告状难”。司法权行使去当地化,阻断行政权对司法权的不当干扰;司法权行使去裁定化,杜绝司法权不当行使;赋予原告充分的案件管辖选择权,提升其对抗行政权、司法权的能力,促成三方力量平衡,是解决民告官“告状难”的一剂良方。
From the point of view of the game of power between the three defendants and the judge in the administrative litigation, subject to the current administrative jurisdiction system, the “local court jurisdiction” and the “court ruled jurisdiction” make the strong administrative power and the second most powerful judicial power The coalition has become a reality, which in turn leads to a weak plaintiff. Judicial exercise to localize, blocking the executive power of undue interference with the judicial power; Judicial exercise to determine, to eliminate improper exercise of judicial power; To give the plaintiff full jurisdiction over the case to enhance its ability to fight against the executive, the judiciary , Contributing to the tripartite balance of power, is to solve the people’s proclamation “a good recipe”.