行政首长出庭应诉的反思——以群体性事件的公法消解为视角

在行政诉讼中,行政首长不出庭应诉的现象非常普遍,甚至在某些地方多年来一直没有一起行政首长出庭应诉的案件。行政首长出庭应诉率低,既有主观原因也有客观原因。行政首长不出庭应诉,会因信息沟通不畅而导致矛盾激化,会因阻碍行政诉讼协调和解而加剧双方对立,也难以提高依法行政水平,更不利于行政判决执行,而这些因素皆有可能诱发群体性事件。为了能有效预防群体性事件的发生,促进社会和谐稳定,必须通过界定行政首长的人员范围,明确出庭应诉的案件范围,建立行政首长出庭应诉委托法律顾问制度等方式,从而完善我国行政首长出庭应诉制度。

Reflection of the Executive Heads Who Appear in Court: In the Perspective of the Public Law Solutions of Group Events

In the administrative proceedings,it is common that the executive heads do not appear in court,and even there is not one case that the executive heads appear in court for many years.There are both subjective and objective reasons why the executive heads rarely appear in court.If the executive heads do not appear in court,there is no information communication which can aggravate contradiction,it hinder the coordination of administrative proceedings which intensifies opposition of both sides,it is also difficult to raise the level of administration according to law,and it is also not conducive to the implementation of administrative decisions.In order to effectively prevent the occurrence of group events,and promote social harmony and stability,we must define the scope of the executive heads of the officers,clearly stipulate the scope of the cases appear in court,and establish legal adviser system and so on to improve the system that the executive heads appear in court.