中国行政审判法官的知与行——《行政诉讼法》实施状况调查报告·法官卷

Knowing and Doing of China’s Administrative Adjudication Judge——Investigation Report on Administrative Litigation Law Implementation·Judge

调查表明,行政审判的环境总体上有所改善,但《行政诉讼法》功能发挥有限;实施状况不容乐观;我国行政审判面临体制和制度的多重制约和困难;法官知行不一现象明显;多数法官主张修改《行政诉讼法》,但对如何修改存在分歧。建议采取多种措施,保证人民法院真正有效地行使对行政案件的审判权;认真研讨并及时修改《行政诉讼法》;进一步提升法官的法律素养和能力。

The investigation shows that the administrative adjudication environment has been improved as a whole, but there are still some problems left, such as the limited function performance of the AdministrativeLitigation Law, the unoptimistic implementation of the Administrative Litigation Law, multiple institutional and systematic constraints and difficulties faced by China＇s administrative adjudication, judges＇ obviousinconsistency between knowing and doing, and the fact that although most judges are in favor of amending the Administrative Litigation Law, there exist disagreements on how to amend it. Various measures are suggestedto be taken to ensure people＇s courts＇ really effective exercise of judicial power to administrative cases. It is also suggested that the Administrative Litigation Law be discussed seriously and amended timely, and thatjudges＇ legal literacy and capacity be further improved.