行政诉讼立案登记制的立法缺陷及应对

Legislation Defect of Case-filing Register System in Administrative Litigation and Its Treatment

新《行政诉讼法》所规定的立案登记制实为"准立案登记制",由于这一制度本身立法条文含义的不甚明晰,在立案登记制实施初期因各种因素使案件数量猛增的阶段过后,今后实践中仍有滑向原"立案审查制"的危险。新司法解释虽然强调了法定的立案条件,明确了个别起诉条件的内涵,增加了立案后的实体判决要件审查与裁定制度,但仍有一些不足。为了更好地实施立案登记制,防止行政诉讼"立案难"现象的再次出现,有权机关应当进一步明确立案条件,明确对起诉条件的立案判断标准,细化起诉人投诉、越级起诉及司法内部处分制度,条件成就的时候将实体判决要件审查与裁定制度上升为立法。

The case-filing register system in the new Administrative Procedure Law is actually the ＇quasi case-filing register system＇. Since the unclear meaning of the legislative clause content itself, after the initial implementation phase of case number increasing rapidly due to many different reasons, there is still the risk of being the original ＇case-filing review system＇ in future practice. Although in the new judicial interpretation, prosecution conditions are made clear, and decision essentials after case-filing is added, case-filing conditions are emphasized, some special the review and adjudication system of substantive there are still some shortages. Therefore, in order to better implement the case-filing register system avoiding the difficulty of case-filing from appearing again, related authorities should take further steps to limit case-filing conditions and to make clearly the case-filing review standard of prosecution conditions, as well as regulating systems in details concerning the prosecutors＇ complaint, the surpassed complaint and the internal judicial punishment. By doing these, when conditions are ripe the review and adjudication system of substantive decision essentials can be raised to legislation.