行政诉权分层保障机制优化研究

基于当事人行政诉权行使理性化程度的不同,可将其区分为理性行使、精明行使、不当行使和恶意行使等四种状态,行政诉讼法实施应当进一步健全行政诉权分层保障机制。对理性行使行政诉权者应当给予有效保障,从科学把握立案登记和审查关系、法官履行释明诉讼类型选择义务、灵活运用行政案件协调化解机制等三个方面进行优化。对精明行使行政诉权者应当给予适度容忍,健全诉讼风险交流机制和诉讼繁简分流机制。对不当行使行政诉权者应当给予必要矫治,完善诚信诉讼的程序规则支撑和诉讼失权制度的精准适用。对恶意行使行政诉权者应当给予严厉制裁,探索差异化立案审查和诉讼失信人信用惩戒机制。行政诉权分层保障机制的优化,对于立基于全民守法的法治社会建设具有重要的促进作用。

Research on the optimization of layered guarantee mechanism for administrative litigation rights

Based on the different rational degrees of the parties’exercise of administrative litigation right,it can be divided into four states:rational exercise,shrewd exercise,improper exercise and malicious exercise.The implementation of the administrative litigation law should further improve the layered protection mechanism of administrative litigation rights.Those who exercise their administrative litigation power rationally should be effectively protected from three aspects:scientifically grasping the relationship between case registration and review,judges performing their obligation to clarify the type of litigation,and flexibly using the administrative case coordination resolution mechanism.Those who exercise the administrative litigation right shrewdly should be given appropriate tolerance,and the litigation risk exchange mechanism and litigation complexity and simplicity separation mechanism should be improved.Those who improperly exercise the administrative litigation power should be given necessary corrections,and at the same time,the procedural rule support of good faith litigation and the accurate application of the system of losing the litigation right should be improved.Strict sanctions should be imposed on those who maliciously exercise administrative litigation powers,and explore mechanisms for differentiated case registration and credit disciplinary actions against untrustworthy persons in litigation.The optimization of the layered guarantee mechanism for administrative litigation rights will play an important role in promoting the establishment of a society with rule of law based on the observance of the law by all.