平政院与北洋政府时期行政诉讼制度研究——以中国第二历史档案馆馆藏文献为基准

发布时间：2018-03-21 02:31

本文选题：平政院　切入点：北洋政府　出处：《民国档案》2012年02期 　论文类型：期刊论文

【摘要】：平政院是北洋政府时期中西合璧式的二元司法体制代表,在当时对遏止贪腐渎职及行政权力滥用损害民虞等方面发挥了一定的积极作用,促进了民初立宪政治的成长,并为南京国民政府时期行政诉讼制度发展奠下根基。然而,平政院之权源于大总统,本属行政权,其制度内核更是沿袭司法、监察为行政服务的专制遗风,是基于维护北洋政权之初衷而设立的大总统"御用政治机关",在其具体运行中,维护民权差强人意,绩效不彰。尽管存在诸多批评,平政院于新旧更替之际,作为近代中国行政诉讼制度的开拓者,仍属难能可贵,于今日亦颇多启迪,值得研究借鉴。
[Abstract]:The Pingzheng Yuan was a representative of the dual judicial system of the combination of Chinese and Western style during the period of the Beiyang Government. It played a positive role in curbing corruption, dereliction of duty and the abuse of administrative power to harm the people at that time, and promoted the growth of constitutional politics in the early days of the Republic of China. It laid the foundation for the development of the administrative litigation system in the period of Nanjing National Government. However, the power of the Ping Zheng Yuan originates from the President and belongs to the executive power, and its system core is the autocratic legacy of the administration of justice and supervision, which serves the administration. The Great President's "Royal political Organization", which was established on the basis of the original intention of safeguarding the Beiyang regime, in its specific operation, the maintenance of civil rights is unsatisfactory and its performance is not satisfactory. Despite many criticisms, the Pyeongyuan was replaced by the new and the old. As the pioneer of the administrative litigation system in modern China, it is still valuable and enlightening today, so it is worth studying and using for reference.
【作者单位】：东南大学法学院;
【分类号】：D929;D925.3

【共引文献】