行政诉讼法的价值与效应

The Value and Effect of the Administrative Litigation Law:For the twentieth anniversary of the Implementation of Administrative Litigation Law of the People's Republic of China

《中华人民共和国行政诉讼法》实施近20年,评估它的价值和实际效应具有重要意义。行政诉讼法所确立的"民告官"制度、行政纠纷司法解决机制和中国特色的司法审查制度,对我国民主法制建设已经产生了巨大推动作用,对实现行政法制度转型、促进依法行政和法治政府建设,产生了实质性的重大影响。在制度层面上,行政诉讼法创制的法律制度在过去的20年里不断获得完善和发展,而在观念层面上,20年前的行政诉讼法确立的法律思想和制度精神具有稳定性和持续效力,对于新世纪法治政府建设仍然具有根本性的意义。

Administrative Litigation Law of the People＇s Republic of China has been implemented for nearly two decades,so to assess its value and the actual effect is of great significance.Established by the Administrative Litigation Law,＂civilian suing officials＂ system,judicial solution mechanism of administrative law dispute and the judicial review system with Chinese characteristics have created enormous impetus to the construction of China＇s democracy and legal system.They also have substantial impacts on the realization of the transformation of administrative law system and great influences on administration according to law and building of a law-based government.As far as the system aspect is concerned,the legal system established by the Administrative Litigation Law has been improved and developed during the past two decades.And as far as the idea aspect is concerned,the legal thought provided by the Administrative Litigation Law two decades ago is with the stability and continued effectiveness and now it is still important to the legal government construction in the new century.