“官告民”视角下的行政执行诉讼

“民告官”模式的行政诉讼制度对于保障相对人的合法权益,监督行政机关行政行为的合法行使,起到了重要的作用。然而在当前司法实践中,行政机关申请法院强制执行的案件,“官告民”案件却占了很大比重。基于目前“官民”争讼的现实考量,建构“官告民”模式下的行政执行诉讼,以适应司法实践的需要,具有重要意义。

On the Administrative Execution Lawsuit--From the angle of view of "citizen litigating offical"

Administrative lawsuit of the "citizen litigating official" mode has played a important role to safeguard the administrative right of the other and supervise the legal act of the administrative department. However in the present judicial practice, the "citizen litigating official"case which the administrative department applies for the court to enforce,shares the large percentage. Considering the law suit between citizens and officers, Administrative execution lawsuit based on the mode of "citizen litigating official " should be constructed to meet the need of judicial practice.