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行政诉讼中不停止执行原则是行政救济制度上的一项特有原则,我国《行政诉讼法》确立该项原则是为了维护公共利益、保证行政的效率性和连续性,以及法德安定性等方面的考虑。但是,该项原则在指导思想和具体设计上存在一些问题,因此,在实践中这些已经存在的问题日趋严峻。主要体现为不符合行政诉讼法保护行政诉讼法保护行政相对人合法权益的立法目的,忽视了对公民、法人、其他组织的权益的保护,法律规范之间冲突的产生,以及与现行的执行制度存在的矛盾。以诉讼停止执行作为对诉讼不停止执行原则的补充,出现错误时及时赔偿或补偿当事人,更好的平衡公共利益与个人利益,完善诉讼不停止执行制度。
The principle of not stopping enforcement in administrative litigation is a unique principle in the administrative remedy system. The principle of establishing administrative litigation in our country establishes the principle in the interest of safeguarding the public interest, ensuring the efficiency and continuity of administration and the stability of law and morality Consideration. However, this principle has some problems in its guiding ideology and concrete design. Therefore, these existing problems have become more and more serious in practice. Mainly reflected in the non-compliance with administrative procedure law to protect administrative litigation law to protect the legitimate rights and interests of the relatives of the administrative purposes, ignoring the protection of the rights and interests of citizens, legal persons and other organizations, the conflict between legal norms, as well as with the current implementation of the system There are contradictions. To stop the implementation of the lawsuit as a lawsuit does not stop the implementation of the principle of supplement, in the event of an error in a timely manner to compensate or compensate the parties to better balance the public interest and personal interests, improve litigation does not stop the implementation of the system.