论文部分内容阅读
行政机关在行政诉讼中败诉的特点为 :主要证据不足与程序违法占很大比重 ,越权行政有所减少但滥用职权上升 ;败诉的原因既有官本位意识特权思想的不良影响 ,执法人员道德水平低、目的不纯等主观原因 ,也有业务素质低下、执法监督机制不健全等客观原因。应当提高执法人员的道德素质与业务水平 ,提高立法质量 ,并加强执法监督 ,以减少行政机关的败诉现象。
The characteristics of the losing of administrative organs in administrative litigation are as follows: the main evidences are insufficient and the procedural law accounts for a large proportion; the ultra vires administration reduces but the abuse of power rises; the reason of losing one is not only the bad influence of the official-based ideological privilege but also the moral level of law- Low, objective impure and other subjective reasons, but also the business quality is low, the law enforcement supervision mechanism is not perfect and other objective reasons. The moral quality and professional level of law enforcement officers should be enhanced, the quality of legislation should be enhanced, and law enforcement supervision should be strengthened so as to reduce the losing of administrative organs.