中国行政审判体制改革研究——兼论我国行政法院体系构建的基础、依据及构想

Research on China's Administrative Adjudication System Reform——Currently on Foundation, Basis and Conception of China's Administrative Court System Construction

《行政诉讼法》实施以来,人民法院行政审判工作在保障人民群众合法权益和促进依法行政方面取得了令人瞩目的成绩;但另一方面,现行行政审判体制的内在缺陷也日渐显现。行政诉讼管辖制度的改革实践表明未来设立与行政区划相脱离的行政法院系统具有着现实必要性和可行性。比较各国设立行政法院的三大模式,在最高人民法院之下建立一套受其监督指导的专门行政法院系统最符合我国宪法的规定。该设立模式又有"三级行政法院"和"两级行政法院"两套具体方案可供选择。

Since the implementation of the Administrative Litigation Law, on the one hand the administrative adjudication work of the people＇s court has achieved remarkable results in people legitimate right and interest protection and administration by law promotion; on the other hand, the inherent defect of the current administrative adjudication system appears day by day. China＇s administrative litigation jurisdiction system reform practice shows the realistic necessity and feasibility of the establishment of an administrative court system detached from the administrative division in the future. After the comparison of three modes in which various countries set their administrative courts, the establishment of a specialized administrative court system under the supervision and guidance of the Supreme People＇ s Court best meets the requirement of China＇s Constitution. There are two sets of concrete schemes for the establishment mode to choose from, i.e. the administrative court of three levels and the administrative court of two levels.