2014—2015年行政诉讼制度改革——以《行政诉讼法》修改和实施为中心

Administrative Procedure System Reform in 2014—2015:Orienting From Amendment and Implementation of Administrative Procedure Law

2014—2015年,我国行政诉讼制度的改革紧密围绕着《行政诉讼法》修改与实施这个中心。修法前夕的讨论达到了近年来的最高峰。在大讨论中,各方面调整预期达成共识,促成了修正案的快速进化。虽然最终的结果仍属"小修",有令人失望之处,但一些富有特色的制度颇令人期待。修正案实施数月之后,得益于立案登记制,行政诉讼案件数量大幅增加,但行政负责人出庭应诉仍有待进一步改善。在文本修改之外,跨行政区划法院改革正在如火如荼的探索中,但形成模式为时尚早;司法人员分类管理改革的前景也并不明朗。总之,在修法后时代,行政诉讼制度改革尚需更多努力、更多智慧。

In 2014-2015, China＇s administrative procedure system reform is closely around the center of the： Administrative Procedure Law amendment and implementation. The discussion before the amendment reaches the highest peak in recent years. Among these discussions, the adjustment expectation of various parties reaches a consensus, which contributes to the rapid evolution of the amendment. Although the result still belongs to ＇little amendment＇ with some disappointment, there are some distinctive systems being quite exciting. In the several months after the amendment implementation, due to the case-filing register system, the number of administrative litigations increases much, however the representative of the respondent administrative organ being at the court still needs improvement. Besides text modification, although the reform of cross administrative division courts is being explored in full swing, it is too early to form mode whilst the prospect of judicial personnel classification management is also uncertain. All in all, after the amendment, much effort and wise is still in need for the administrative procedure system reform.