论行政诉讼的合理性审查

On the Fairness Examination of the Administrative Litigation

伴随着近代行政向现代行政的转变,行政自由裁量权日益扩张,行政诉讼的合理性审查应运而生。我国由于法律素质和人员素质的低下,建立合理性审查更显迫切。在我国建立行政诉讼的合理性审查,已有相应的法律依据,但须确立相应的程序及合理性标准予以规制。

Following the administration evolution and the expansion of administration discretion in the last centuries, the fairness examination of the administrative litigation has emerged. Due to the comperative low Quality of the legal system and the administrative personal, the establishment of the fairness examination is serrioulyuistrative personal,the establishment of the fairness examination is serriouly needed in China. Although there exsited some lagal basis for the fairness examination, We still have to establish the appropritc procedures and the criteria of it in the future.