中国行政诉讼的历史、现状与展望

发布时间：2018-12-24 13:32

【摘要】：我国行政诉讼制度是在实行改革开放政策以后,随着社会主义商品经济和民主政治的发展而逐步建立起来的。行政诉讼制度的建立,既是顺应时代的需要,也是历史发展的产物,同时还有一个逐步建立和发展的过程。行政诉讼法实施以来,人民法院受理案件数量总体保持增长势头,受理事项涉及几乎所有行政管理领域,新类型行政案件不断出现并被人民法院受理、审理和裁判,基本实现了监督行政和保护权利的双重目的。但也存在受案范围的规定未普遍实现,原告告状难、立案难,原告胜诉率不高,判决规定未全面遵循,行政诉讼法一些规定流于形式等问题。行政诉讼制度运行所必需的一些条件尚未充分具备,这决定了近期的修改只能是精细化和非终极性的。
[Abstract]:The administrative litigation system of our country is established gradually with the development of socialist commodity economy and democratic politics after carrying out the policy of reform and opening up. The establishment of administrative litigation system not only conforms to the needs of the times, but also the product of historical development, at the same time, there is a process of gradual establishment and development. Since the implementation of the Administrative procedure Law, the number of cases accepted by the people's courts has generally maintained a growing momentum, and the items accepted involve almost all areas of administration. New types of administrative cases are constantly appearing and are accepted, tried and adjudicated by the people's courts. It has basically realized the double purpose of supervising administration and protecting rights. However, there are still some problems, such as that the scope of the case is not universally realized, that the plaintiff is difficult to sue, that it is difficult to file a case, that the plaintiff's rate of success is not high, that the provisions of the judgment are not fully followed, and that some provisions of the Administrative procedure Law are mere formality and so on. Some necessary conditions for the operation of administrative litigation system have not been fully met, which determines that the recent revision can only be refined and non-ultimate.
【作者单位】：武汉大学法学院;
【分类号】：D925.3

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