试论我国行政诉讼确认判决制度之完善

On Perfecting the Confirmation Decision System in Our Administrative Litigation

我国已在司法解释中确立了行政诉讼确认判决制度,实践中这一制度没有完全发挥其应有之作用,因此,有必要进一步完善,以充分体现现行行政诉讼的价值。现行司法解释中涉及行政诉讼确认判决制度的主要有三条规定,但每一条都存在明显的缺陷,必须及时修订。

We have established confirming decision system of administrative litigation by the judicial explanation, but in the practice, this system has not displayed completely its function. Therefore, to fully embody the value of modern administrative litigation, it is necessary further to perfect this system based on in- deeply analysis. The present judicial explanation mainly includes three stipulations about this system, but each one has obvious flaw. So we must promptly modify the administrative litigation law.