选举权与监督权的另类救济路径——基于日本民众之诉与机关之诉的思考

Other Ways of Succouring the Rights to Vote and Supervise——Based on the Thought of the Cases of Common People and Authority in Japan

选举权与监督权是我国宪法规定的公民基本权利,但在诉讼救济程序层面,选举权和监督权的保障力度仍较薄弱。日本行政诉讼类型中民众之诉与机关之诉是对选举权及监督权充分保障的诉讼程序路径。探究日本行政诉讼类型,借鉴其民众之诉与机关之诉的可取之处,并将相关经验纳入我国行政诉讼类型应注意事项的范畴,不仅能丰富和完善我国行政诉讼法的理论分类,也有助于对公民选举权及监督权的具体行使。

The rights to vote and supervise are provided in our constitutional law,but it is still weak to protect them in the level of procedurar relief,the dimension of the ensurance Japan＇s administrative litigation in the lawsuit and the public authorities are fully guaranteed path for the proceedings of voting and supervising.Inquiring Japan＇s administrative litigation,borrowing successful experience from the case of common people and the authority,taking it seriously and bringing it into the matters needing attentions of our administrative cases,can not only enrich and perfect the theoratical catogary of our administrative law,but also be helpful to the implementation of people＇s right to vote and supervise.