法德英美四国行政诉讼性质比较考察

A Comparative Study on the Nature of Administrative Litigations in France,Germany,Britain and the United States

在不同国家、不同的历史时期,因社会条件的制约使行政诉讼的表现形式不同,但从政治基础、思想渊源、历史发展和原告资格的扩张四个方面来看,两大法系法德英美四个国家的行政诉讼(司法审查)性质具有共性,行政诉讼或司法审查发展之初的着眼点是公共利益和权力制衡,监督行政权依法行使是其历史使命;现在则越来越重视个人权益的保护,行政诉讼更多地反映出解决纠纷与救济权利的性质。

In different countries, in different historical periods, and being limited by social conditions, administrative litigation has different manifestations. However, taking into account the political foundation, ideological origin, historical development and the expansion of qualification of the plaintiff, the nature of administrative litigation （ or judicial review） in two major sys- tems of law, represented respectively by France and Germany on one hand and Britain and the United States on the other, is of a general character. The focus of attention at the initial stage of development of administrative litigation or judicial review was given to public interests and check and balance of power, with supervising the exercise of administrative power according to law as its historic mission. Today, the focus of attention is placed on the protection of individual rights and interests, with administrative litigation playing a more and more active role in settling disputes and remedying rights.