论文部分内容阅读
我国在行政诉讼法中确立了“起诉不停止执行”原则,是指行政诉讼期间被起诉的行政行为不因原告的起诉和人民法院的审理而停止执行。但是,这一原则的确立不仅导致了立法上的冲突,也使司法实践陷入了困境,因而对于此项原则的利弊、存废之争不绝于耳。本文从立法、实践以及理论基础三个方面对现行的“起诉不停止执行”原则进行考察,并对立法机关提出建议。
China has established the principle of “prosecution does not stop execution” in the Administrative Procedure Law, which means that the administrative action being sued during the administrative proceedings is not stopped due to the plaintiffs’ prosecution and the people’s court hearing. However, the establishment of this principle has not only led to legislative conflicts but also made judicial practice into a dilemma. Therefore, the pros and cons of this principle have been exasperated. This article examines the current principle of “prosecution does not stop executing” from three aspects: legislation, practice and theoretical foundation, and makes recommendations to the legislature.