行政诉讼被告地位探析

行政诉讼在司法实践中的一些实际问题是复杂的,行政诉讼被告地位反映了司法制度障碍以及行政法治缺失等一些本质性的问题.目前的行政诉讼被告地位问题主要体现在以下几个方面:受"官本位"流毒的影响,行政诉讼被告相对于原告甚至审判方具有某种特殊的强势地位;行政诉讼被告与原告平等的诉讼关系是一种拟制的平等,但实际是不平等的;行政权相对于司法权具有一定的优势地位.

An Exploration on the Status of the Defendant in Administrative Litigation

Some problems in the judicial practice of administrative litigation are rather complicated.The status of defendant in administrative litigation reflects such problems of essence as obstacles of judicial system and absence of administrative politics.At present,problems of the defendant's status of administrative litigation are mainly reflected as the following:firstly,influenced by the"bureaucrat-oriented"thought,the defendant's status is specially somewhat higher than that of the plaintiff and even the trial's;secondly,the litigation relation between the defendant and plaintiff is not equal in fact though it should have been;Thirdly,the administrative rights have somewhat advantages over the judicial rights.