摘要
随着户籍制度改革步伐的加快与城市化进程的不断推进,由资源分配不均、利益驱动等多种原因引起的户口迁移及相关行政争议案件逐渐增多。户口迁移类行政案件具有地域性、政策相关性、影响广泛性等诸多特点,在审判中反映出一些问题,如户口迁移法律规范效力层次低,户口的工具性价值和利益性特征明显,行政机关在户口迁移审批过程中执法程序不严格等。通过提升立法层次、完善执法程序以及注重协调化解在行政审判中的侧重适用是解决户口迁移行政争议的有效路径。
With the speeding up of the reform on household system and the development of urbanization,there are more and more household transfers and relevant administrative cases caused by multiple reasons such as uneven resource distribution,pursuit for interest and so on.The administrative cases concerning household transfer have many features including their regionality,policy pertinence and broadness of influence.In the trial many problems appear,such as the legal norms concerning household transfer have low effect,the households are mainly regarded as a tool that can bring benefit,in the approval process of the household transfer the administrative organ’s law enforcement procedure is not strict and so on.An effective way to settle the administrative disputes concerning household transfer is to enhance the effect of the relevant laws in law-making,optimize law enforcement procedure and pay attention to applying more coordination methods in administrative judgment.
关键词
户口迁移
行政争议
户籍制度
司法建议
household transfer
administrative dispute
household system
judicial suggestion
