中国行政诉讼制度发展的新路向

New Direction of China’s Administrative Litigation System Develoment

我国现行的行政诉讼制度存在诸多缺陷,导致行政诉讼的功能未能充分发挥,有必要通过制度变革加以完善。应该设立行政法院,切实保证行政审判的独立公正;将行政机关之外行政诉讼被告的表述,从"法律、法规授权的组织"变更为"其他承担行政任务的主体";将部分行政规范纳入行政诉讼的受案范围;强化法院对行政裁量与行政解释的审查力度。

There are serious defects in China＇s current administrative litigation system, causing the inadequate play of its functions, which need perfection by institutional changes necessarily. So it is proposed in this paper that the administrative court should be set up to ensure the independence and impartiality of the administrative trial, the expression of defendants except administrative organs should be changed from ＇the organization authorized by laws and regulations＇ to ＇other subjects assuming administrative tasks＇, and part of administrative norms should be included into the case accepting scope of the administrative litigation, as well as the review should by strengthened by the court to administrative discretion and administrative interoretation.