论文部分内容阅读
我国《行政诉讼法》在党十八届四中全会后进行了制定后25年的一次大修,其中第一次将“行政机关负责人出庭应诉制度”写入法条,这一制度实施已有两年多,但现实中还存在行政机构关法定代表人出于各方面的原因不愿意出庭或出庭效果不佳等许多的问题,本文分析这些问题产生的原因,进而提出解决的有效途径,促进行政机关依法行政水平的提高,进而达到保护行政相对人合法权益的根本目的,并最终实现建成法治政府的目标。
After the Fourth Plenary Session of the 18th CPC Central Committee, China’s “Administrative Procedure Law” conducted a major overhaul 25 years after it was enacted, including for the first time “the system of responding to court appearances by persons in charge of administrative organs” However, in reality, there are still many problems that the legal representatives of the administrative agencies are not willing to appear in court or appear ineffective in court due to various reasons. In this paper, the causes of these problems are analyzed, and then the effective solutions are put forward And promote the improvement of the administrative level of the administrative organs according to law so as to achieve the fundamental purpose of protecting the legitimate rights and interests of the counterparts in the administration and eventually achieve the goal of establishing a government under the rule of law.