行政诉讼再审制度的检讨与改造

Criticism and Innovation of Administrative Litigation Review System

行政诉讼证据规则的出台并付诸实施 ,意味着我国司法理念的悄然转型。这一变化是深刻的 ,对现有司法体制带来结构性的冲击。其中 ,最值得反思与检讨的是我国的再审制度。为此 ,必须重新认识司法的本质 ,重塑我国程序价值理念 ,并在结合行政诉讼独有特点的基础上实现再审制度的检讨与改造 ,这将是证据规则实施后我国司法体制完善的重要环节。

Issue and putting into effect of rules of evidence for administrative litigation means the transformation quietly of our country's judicial idea. The change is deep and must bring structural impact on the existing judicature mechanism . Among them, the one that is worth reviewing and making criticism is the review system of our country. So in order to realize criticism and innovation of the system, we have such work to do: to re-recognize the substance of justice, to reinvent our country's idea of procedure value and to combine the one which is on the basis of administrative litigation's special features,all of which will be important steps in the course of perfecting judicature mechanism after enforcement of the rules.