试论实质性解决行政纠纷的可能性

On the Possibility of Substantially Settling Administrative Dispute

中国的行政审判经过多年的发展走到今天,在理论上取得了一定成就,但在制度层面却暴露了越来越多的问题,不能在最终意义上实质性解决行政纠纷尤为严重。因此,现行的行政审判制度面临着重新检视过去所建立的行政审判目标是否与实际运行中所需要的行政审判制度相适应的问题。从我国现行行政审判制度及其存在的理论根基的矛盾出发,通过探究我国当前建立行政审判制度目标的背景,证明以实质性解决纠纷作为我国行政审判制度的目标具有现实可能性。

Chinese administrative trial, after years of development, has made certain achievements in theory, but at the institutional level it has been exposed to more and more problems, of which the most serious problem is that it can not settle the administrative disputes substantially. Therefore, the current administrative trial system is forced to examine whether the past administrative trial goal can be adapted to the needs of administrative trial system or not. Based on the contradiction of Chinese current administrative trial system and its theoretical foundation, this paper attempts to explore the background of the established administrative trial system and then proves that it is possible in reality to take the substantial resolution of administrative dispute as the goal of China＇ s ad- ministrative trial system.