论变革观在《行政诉讼法》修改中的运用

On Application of Reform Idea in Administrative Procedure Law Amendment

从我国行政诉讼制度诞生、嬗变的历史进程和当下所面临的社会背景上看,需要在《行政诉讼法》的修改中明确贯彻变革观。就内容而言,新《行政诉讼法》在行政诉讼争议解决功能的修复、行政审判权运作空间的拓展及运作环境的优化上已经初现了变革观的内在要求。为了使新《行政诉讼法》的实施能够促进国家治理体系和能力的现代化,人民法院还应充分利用修法所预留的空间,在行政审判体制的灵活塑造、行政诉讼类型的有限改造、行政公益诉讼的适度开放等方面迈开步伐。

Taking entire consideration of the birth and evolution history process of China’s administrative litigation system as well as the current social background, the idea of reform should be clearly notiifed in the administrative procedure law amendment. As for the content, the new Administrative Procedure Law implies preliminarily the internal requirement of the reform idea in following two aspects, namely the repair of the administrative litigation dispute solution function as well as space development and environment optimization of the administrative jurisdiction operation. In order to make the implementation of the new Administrative Procedure Law to promote the modernization of state governance system and capacity, the space reserved by amending the law should be made full use by the people＆#39;s court to achieve more in the lfexible shape of the administrative jurisdiction system, the limited reform of the administrative litigation type, and the proper openness of the administrative public interest litigation, etc.