重构中国行政司法制度

Reestablishing the Administrativee Justice of China

行政司法是行政机关按照准司法程序裁处有关争议的行政法律制度,它缘起于西方国家行政权的扩张和对传统分权制衡理念的反思。我国行政司法在发展过程中存在基础理论匮乏、形式滞后、主体授权不明、程序设计缺位、效力不足等理论和现实问题。应当针对上述问题,立足国情并借鉴域外经验,重构中国特色的行政司法制度。

Administrative justice means that administrative organs adjudge those designated disputes according to the procedure of half-justice. IT originated on the basis of that execution power had been enlarged and the traditional theory of authority being separated and restricted had been suspected in the western eountries. On the process of administratire justice developing in China, there are some thesis and actuality troubles which include poverty of theory,the outmoded form,the obscure power,shortage of procedure, and weakness of efficiency and so on. Correspondingly, We should reestablish the administrative justice system in the light of China,specific conditions and abroad experience.