行政诉讼起诉难的成因与对策研究

On Causes and Countermeasures of Difficulty in Filing Lawsuit in Area of Administrative Litigation

行政诉讼起诉难是我国行政诉讼困境的重要表征。起诉虽然是起诉人向法院提起诉讼的单方行为,但致使起诉难产生的因素却不仅限于起诉人一方,起诉难产生的原因更多是在于实定法规定的不足和不合理,也存在于起诉人与行政主体及法院的相互作用过程之中。为解决行政诉讼起诉难问题,必须"对症下药",采取提升起诉人自身能力、知识水平,完善相关法律规范,禁止行政主体对行政诉讼起诉制造障碍,改革和完善法院的立案审查制度及规范,改革法院的财政、人事制度等措施。

Existing a lot of difficulties in filing a lawsuit in the area of administrative litigation is a significant character of our country. It means that the suitor of an administrative litigation will encounter a lot of difficulties when he or she is filing a law- suit. The causes of these difficulties are not limited to the suitor party. Most of them due to the inadequate and unreason of the substantive law, and due to the interaction among suitor, administrative subject and court. In order to solve these problems, we must apply medicine according to indications. The measures can be used include： enhancing the suitor~ own ability and knowl- edge, improving relevant laws and regulations, prohibiting administrative subject from creating obstacles to a lawsuit, reforming and improving the proceedings of filing and checking, and reforming the court financial and personnel system.