marketing strict internal cost control, business and innovation performance. --Increasing electricity access, price increase, electricity supply is guaranteed. In 2012, the company with coal inventory, get rewards of Jiangsu provincial government power to 266 million kWh. Through the \ and bilateral trade, access to electricity 1.695 billion kWh, seeking removal compensation when the power 50 million-kilowatt, 116% market share in Jiangsu Province ranked first in the same capacity, the same type units. Company closely tracked coal linkage policies on July 1 and August 20 respectively increase prices 2.08 minutes and 2.5 points, profitability increased significantly. 公... Job grading, remuneration of labour agreements into long-term contract workers compensation system, stimulating the enthusiasm of the staff. --Further strengthening of human resources management. Full implementation of the performance appraisal regulations, incentive effect. Complete the reserve cadre evaluation and selection, produced 10 primary reserve cadres and 11 secondary reserve cadres. Implementation of operation staff induction gang system, 14 staff posts be promoted. Strengthening the cultivation of professional technical leaders, selected coverage 9 13 factory-level professional and technical leaders. To enhance staff skills training, 8 staff technicians. Labor contract law compliance, contracts of up to 100%. --Star team-building to advance further. Establish a \ng system implementation, and promoting the whole\-building goals, strengthen group management. Team building into a performance review, promoting the construction of the star team depth. This year, respectively, 1 track, 4 team four star rated five-star by Datang and the team. Four, insists on \construction of\ous development, really good job of party construction and the independent Commission against corruption, strengthening the humanistic care and psychological counseling, the enterprise culture construction to a new level. --Building of enterprise culture is fruitful. Companies adhere to the Shenhua lead of corporate culture, culture of responsibility at the core, to safety culture, a culture of learning, ethical culture, cost culture culture system-assisted, through various cultural integration, has boosted business centre, this year has won the \nese cultural management advanced unit\he building of enterprise culture of reform and opening up 30\bility of the company culture: solving management problems of corporate culture project was awarded the CEC national electric power enterprise culture achievement award of excellence. The accident early warning and prevention system was rated as China's power of innovation management, innovation management of electric power enterprise in Jiangsu Province. --Party and the independent Commission against corruption continues to strengthen. Was carried out to \效果而言,它是通过与行政机关对个案处理的沟通,极大地提高了行政审判的协调率、服判息诉率。同时,通过司法建议加强了法院与行政机关的互动,有效改善了行政审判的司法环境。从长远效果来看,通过司法建议指出行政机关存在的问题,再由行政机关自行纠正或加以整改,必然对行政机关提高依法行政水平有促进作用。
三、完善司法建议制度之构想
通过对“一般模式”和“天台模式”下司法建议制度的分析可以得出,无论是“一般模式”还是“天台模式”在现行的司法体制下,都有其存在的合理性和必要性,应当进一步加强和完善。
(一)进一步完善“一般模式”。一般模式下的司法建议由于本质上是对裁判的一种补充或辅助,实践中,该类司法建议的运用更侧重于对行政机关的监督。无疑,行政权必须受到司法权的监督。然而,司法建议的效力从一开始就不可能像判决一样具有刚性的强制力,故作为一种监督方式,它存在先天不足。也正是这一点导致它在实践中的困境。对此,笔者认为,司法建议即使作为一种监督方式,也应是一种柔性的监督,应当强化其作为一种司法服务手段的色彩。在司法建议中,应更多地着眼于帮助行政机关加强管理、改进工作,而不是一味指责其行为中存在的问题;更多地着眼于如何更有效地预防可能产生的矛盾纠纷,而不是纠结于行政机关已有的失误;更多地着眼于全局性、普遍性的问题,而不是局限于个别问题。而法院在积极的帮助中潜移默化地提高了自身的地位,便于行政诉讼的更好开展。
(二)积极推广“天台模式”。上文已对“天台模式”的特点和优点作了阐述,作为一种司法建议制度类型,它相较于“一般模式”更契合当前行政诉讼的需要。首先,我国的行政诉讼不仅要监督行政机关依法行政,还要担负起服务党和国家工作大局、维护社会和谐稳定的责任。尤其在当前,官民矛盾特别突出,群体性事件层出不穷的情形下,不仅政府处置社会矛盾的能力受到挑战,在纠纷进入诉讼程序后,同样也是对法院化解矛盾能力的挑战。故法院不仅在诉讼外要增加与行政机关的良性互动,在案件审理过程中亦应加强与行政机关的沟通交流。其次,出于对“案结事了”与“和谐社会”的追求,行政诉讼更加注重纠纷的协调和解。实践也证明,协调结案是解决纠纷的有效办法,可以最大限度减少裁判形式带来的负面影响,使得法律效果和社会效果得到统一并最大化。基于上述两点,天台法院的司法建议模式无疑是具有积极意义的,值得借鉴和推广。
四、具体做法或对策
1.加强宣传,争取行政机关对司法建议的认同。法院要主动向行政机关宣传司法建议的积极作用,增强行政机关对司法建议的认同。同时,要加强与行政机关的沟通,更多地倾听行政机关对司法建议的看法和意见,及时对司法建议工作中存在的不足加以改进。
2.提高司法建议的质量,增强司法建议的针对性和可行性。在撰写司法建议时,应当首先对行政机关该方面的执法规范有深入的了解,再结合相关法律法规和政策依据,充分阐述行政机关存在的问题及其原因,进而提出有针对性的意见和建议。要努力做到言之有据、措词得当、切实可行,使司法建议易被行政机关所采纳。
ecurity, profit, maintain stability and promote harmonious development\content of the %uarantees\ce activities and \party spirit, to conduct, for example\party and further improvement of the level of work. Staff participating in the honest and clean culture construction seminars, staff's sense of probity and enhanced. Founded by honest inspectors team composed of 12 employees to broaden the channels of supervision. Adhere to establish \ship activities, staff satisfaction rate of 98% to the team. --Group work dynamic. Promoting the openness of factory Affairs, proposal for a love letter box, to the vital interests of the staff Trade Union delegation leader meeting of the 26 system to discuss and safeguard their democratic rights. Improve the organizational structure of the mission, the work of strengthening. Organize maintenance labor emulation and \Cup\on, enhance the skills of staff. Organized a variety of cultural activities, physical and mental health care staff, to create a harmonious atmosphere. During the Wenchuan earthquake, donated all the company employees, to love, to support the disaster areas. This year, the company has won the \n be controlled, money should not be wasted \osophy, management analysis, to improve management quality, improve cost control capacity and market competitiveness. Innovation of science and technology--science and technology innovation is to play the role of science and technology as the primary productive force, active use of new technologies, new materials, new processes, new equipment, increase investment in science and technology, strengthening scientific and technological training, speeding up transforming scientific and technological achievements, forming a number of proprietary technology, enhancing core competitiveness. Resource-saving-the-resources saving enterprise was to reduce coal consumption, water consumption, electricity at the core, enhance the operation of lean management to realize low consumption, high efficiency, reduce production costs. Second is to strengthen the business, financial, material, information and the optimization of organization and management, saving the internal transaction costs. Harmonious development of harmonious development--is to construct a \onment for development. \curity firm and internal management of the internal management measures are effective, harmonious\\prise coordinating development of homeopathy, well, get along with the neighbors better.\prises building intrinsic safety power company goals are: unplanned outage 0 times. Class of disorders 0, 0 is quivalent forced outage rate. No personal injury accident, material and equipment accidents do not occur, no fire, no environmental pollution accident. Enterprise integrated to achieve zero cases of violation, zero accidents, zero. Quality goal is: when generating capacity ≥ 7.5 marketing strict internal cost control, business and innovation performance. --Increasing electricity access, price increase, electricity supply is guaranteed. In 2012, the company with coal inventory, get rewards of Jiangsu provincial government power to 266 million kWh. Through the \bilateral trade, access to electricity 1.695 billion kWh, seeking removal compensation when the power 50 million-kilowatt, 116% market share in Jiangsu Province ranked first in the same capacity, the same type units. Company closely tracked coal linkage policies on July 1 and August 20 respectively increase prices 2.08 minutes and 2.5 points, profitability increased significantly. 公... Job grading, remuneration of labour agreements into long-term contract workers compensation system, stimulating the enthusiasm of the staff. --Further strengthening of human resources management. Full implementation of the performance appraisal regulations, incentive effect. Complete the reserve cadre evaluation and selection, produced 10 primary reserve cadres and 11 secondary reserve cadres. Implementation of operation staff induction gang system, 14 staff posts be promoted. Strengthening the cultivation of professional technical leaders, selected coverage 9 13 factory-level professional and technical leaders. To enhance staff skills training, 8 staff technicians. Labor contract law compliance, contracts of up to 100%. --Star team-building to advance further. Establish a \ng system implementation, and promoting the whole\ding goals, strengthen group management. Team building into a performance review, promoting the construction of the star team depth. This year, respectively, 1 track, 4 team four star rated five-star by Datang and the team. Four, insists on \construction of\ous development, really good job of party construction and the independent Commission against corruption, strengthening the humanistic care and psychological counseling, the enterprise culture construction to a new level. --Building of enterprise culture is fruitful. Companies adhere to the Shenhua lead of corporate culture, culture of responsibility at the core, to safety culture, a culture of learning, ethical culture, cost culture culture system-assisted, through various cultural integration, has boosted business centre, this year has won the \nese cultural management advanced unit\he building of enterprise culture of reform and opening up 30\The liability of the company culture: solving management problems of corporate culture project was awarded the CEC national electric power enterprise culture achievement award of excellence. The accident early warning and prevention system was rated as China's power of innovation management, innovation management of electric power enterprise in Jiangsu Province. --Party and the independent Commission against corruption continues to strengthen. Was carried out to \3.规范司法建议的督促落实,增强司法建议的实效性。法院要做好司法建议的督促反馈和落实工作,及时跟踪了解司法建议的采纳落实情况,确保所提建议落到实处。其次,可通过行政复议与行政审判联席会议、行政诉讼情况通报等平台通报各行政机关对司法建议的反馈和落实情况。各法院也可根据实际情况与当地法制部门协商,对行政机关反馈、落实司法建议的情况进行考核,督促行政机关以积极的态度对待司法建议。
作者单位:台州市中级法院
ecurity, profit, maintain stability and promote harmonious development\content of the %uarantees\ce activities and \party spirit, to conduct, for example\party and further improvement of the level of work. Staff participating in the honest and clean culture construction seminars, staff's sense of probity and enhanced. Founded by honest inspectors team composed of 12 employees to broaden the channels of supervision. Adhere to establish \ship activities, staff satisfaction rate of 98% to the team. --Group work dynamic. Promoting the openness of factory Affairs, proposal for a love letter box, to the vital interests of the staff Trade Union delegation leader meeting of the 26 system to discuss and safeguard their democratic rights. Improve the organizational structure of the mission, the work of strengthening. Organize maintenance labor emulation and \Cup\on, enhance the skills of staff. Organized a variety of cultural activities, physical and mental health care staff, to create a harmonious atmosphere. During the Wenchuan earthquake, donated all the company employees, to love, to support the disaster areas. This year, the company has won the \n be controlled, money should not be wasted \osophy, management analysis, to improve management quality, improve cost control capacity and market competitiveness. Innovation of science and technology--science and technology innovation is to play the role of science and technology as the primary productive force, active use of new technologies, new materials, new processes, new equipment, increase investment in science and technology, strengthening scientific and technological training, speeding up transforming scientific and technological achievements, forming a number of proprietary technology, enhancing core competitivness. Resource-saving-the-resources saving enterprise was to reduce coal consumption, water consumption, electricity at the core, enhance the operation of lean management to realize low consumption, high efficiency, reduce production costs. Second is to strengthen the business, financial, material, information and the optimization of organization and management, saving the internal transaction costs. Harmonious development of harmonious development--is to construct a \onment for development. \curity firm and internal management of the internal management measures are effective, harmonious\\prise coordinating development of homeopathy, well, get along with the neighbors better.\prises building intrinsic safety power company goals are: unplanned outage 0 times. Class of disorders 0, 0 is equivalent forced outage rate. No personal injury accident, material and equipment accidents do not occur, no fire, no environmental pollution accident. Enterprise integrated to achieve zero cases of violation, zero accidents, zero. Quality goal is: when generating capacity ≥ 7.5