官与民的平衡器——论中国近代行政法院

The Balancer between Government and People:on the Administrative Court of Modern China

中国几千年来的专制统治造成了国民“官本位”的观念浓厚,国人多是顺民,更不用说民告官的行政诉讼。清末迫于时势,向西方学习,寻求法律制度的变革,行政法院遂呼之欲出,至民国时期,行政法院方产生,然而由于时代和阶级的局限性,其所发挥的作用亦有限,随着南京国民政府的覆亡,近代的行政法院也退出了历史舞台。

In china,tra di tionally,the dictatorship of thousands of years produced a strong mentality of offi-cial standard among the people.Most of the people were docile citizens.E ven the conception of adminis-trative redress didn' t exist at all.The people always chose rebellion as their last resort when it came to the end of their pa tience.At the end of Qi ng Dynasty,the central government was forced to reform its political and legal system.The administrativ e court was ready to come out at its call.During the period of the Re-public of China,the adminstrative c ourt was founded.However,due to the limitation of the era and the social class its function is weak.Wi th the fall of Nanjing Government,th e administrative court stepped down from the stage of history.