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“民告官”的诸多困境中,执行难是长期存在的又一棘手难题。许多行政机关常常以“新官不理旧事”等各种理由拒不履行法院的生效裁决,尤其是公安、规划、土地、税务、工商等强势部门,更是牛气冲天、置之不理。甚至,一些顶住重重压力作出公正裁决的法院,还会因此遭到报复,哪怕是不起眼的计生委,败诉后也可能让法院挂上“计生黄牌”。“民告官”执行难的制度根源,在于法院缺乏足够强硬的执行手段。对于行政机关拒绝履行生效判决、裁定,现行行诉法的主要应对措施是,自期满之日起按日处50元至100元的罚款’或向上一级行政机关或者监察、人事机关提出司法建议,而这些制约显然难以起到制裁“民告官”的诸多困境中,执行难是长期存在的又一棘手难题。许多行政机关常常以“新官不理旧事”等各种理由拒不履行法院的生效裁决,尤其是公安、规划、土地、税务、工商等强势部门,更是牛气冲天、置之不理。甚至,一些顶住重重压力作出公正裁决的法院,还会因此遭到报复,哪怕是不起眼的计生委,败诉后也可能让法院挂上“计生黄牌”。“民告官”执行难的制度根源,在于法院缺乏足够强硬的执行手段。对于行政机关拒绝履行生效判决、裁定,现行行诉法的主要应对措施是,自期满之日起按日处50元至100元的罚款,或向上一级行政机关或者监察、人事机关提出司法建议,而这些制约显然难以起到制裁和警戒作用。和警戒作用。
“Civil sue official ” many difficulties, the implementation of difficult is a long-standing another difficult problem. Many administrative organs often refuse to comply with the ruling of the court, such as public security, planning, land, taxation, and industrial and commercial authorities, on various grounds such as “new officials ignore old things.” It is even more arrogant and ignored. Even some courts that stand under heavy pressure to make a fair ruling will be retaliated, even if it is a modest family planning committee, and the court may also be allowed to post a “yellow card” on its own. “People’s Priest ” difficult implementation of the system, the root cause lies in the lack of enforcement of the court tough enough means. As for the administrative organ refusing to perform the effective judgment, it is ruled that the main response to the current law of appeal is to impose a fine of 50 yuan to 100 yuan per day from the date of expiration or to submit to the administrative organ at a higher level or the supervisory organ of personnel It is clear that the implementation of these restrictions is obviously difficult to play the sanctions, “Civil Dispute Official” many difficulties, the implementation of difficult is a long-standing another difficult problem. Many administrative organs often refuse to comply with the ruling of the court, such as public security, planning, land, taxation, and industrial and commercial authorities, on various grounds such as “new officials ignore old things.” It is even more arrogant and ignored. Even some courts that stand under heavy pressure to make a fair ruling will be retaliated, even if it is a modest family planning committee, and the court may also be allowed to post a “yellow card” on its own. “People’s Priest ” difficult implementation of the system, the root cause lies in the lack of enforcement of the court tough enough means. As for the administrative organ refusing to perform the effective judgment, it is ruled that the main response to the current law of prosecution is to impose a fine of 50 yuan to 100 yuan from the date of expiration or to institute a judicial department or supervisory organ at the next higher level It is clear that these constraints are hard to sanction and alert. And alert role.