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新华网消息说,全国法院行政审判工作会议公布了一组数据:人民法院5年来共审结行政案件近50万件,已受理的行政案件几乎涉及所有行政管理领域。50万,这不是小数目。当中的变化也是耐人寻味的,“民告官”中“民”的撤诉率和败诉率逐年下降,相应地,“官”的败诉率则上升了近4个百分点。“一下一上”之间、证明公民依法维权意识大大增强。长期以来,我们“满足”于通过“上访”这一“组织”程序解决与官的矛盾,比如向更大的官、更高的机关反映问题。反映问题的方式多种多样,有找上门的,有打电话的,有写材料的,当然也有匿名举报的。不能说这样的方式一无是处,或收效甚微,但“上访”的方式本身使我们很多人处于一种弱势或劣势,俗话说胳膊扭不过大腿,何况,你连大腿都没摸着。告是一种法律行为。行政诉讼的形成本身就使民占据了主导地位或由弱势、劣势转变为强势或者至少保持平等。但正如一份调研报告分析的,“民告官”
Xinhua News said that the national court administrative adjudication work conference released a set of data: the people’s court in five years a total of nearly 500,000 administrative cases concluded, has accepted the administrative cases involving almost all areas of administration. 500,000, this is not a small number. The changes among them are also intriguing. The withdrawal rate and the rate of losing cases in “civil supreme civil servants” and “civilians” have been declining year by year. Correspondingly, the rate of losing officials has risen by nearly 4 percentage points. “Look around”, to prove that citizens greatly enhance the awareness of legal protection of their rights. For a long time, we have “resolved” the solution to the conflict with officials through the “petitions” of the “organization” process, such as reflecting the problems to the larger organs and higher organs. There are a variety of ways to reflect the problem. There are people who have come to the door, who make phone calls, write materials, and of course report anonymously. We can not say that such a method is useless or ineffective, but the “petition” approach has put many of us at a disadvantage or disadvantage. As the saying goes, your arms are twisted, but not even your thighs are touched. Report is a legal act. The formation of administrative litigation itself has led the people to take the dominant position or from disadvantaged and inferior to strong or at least maintain equality. However, as an analysis of the research report,