文本、判解与学说:中国百年行政诉讼的变迁

Text, Jurisprudence, Interpretation and Doctrine: Changes of Administrative Litigation for Centuries in China

我国行政诉讼制度自初创至今已有百年历史,相关文本、判解与学说共同推动和验证了其衍生与发展。在文本层面,从条文表达、逻辑结构到具体内容,均经历了一个不断嬗替的过程,体现了鲜明的时代特色;在判解层面,平政院、行政法院、人民法院通过判决、判例、司法解释等多种形式,促进了外来法律与本土文化的对接;在学说层面,学者们在西方学术继受及构筑本土特色方面提供了卓然智慧。行政诉讼的百年变迁表明,其目的已从"富国强兵"转向"控权保权",其模式已从"二元制"转向"混合一元制",其发展逐渐从"全球化"转向"本土化",其运行开始从"立法"转向"司法"。

Administrative Litigation System in China has gone through a century since its start and related texts , sentenced solution and doctrines has promoted and validated its derivatives and development jointly. In terms of text, it experienced a continuous process of change in terms of provisions of express, logical structure and specific content, which reflect the distinctive period features. In terms of jurisprudence and interpretation, the Equal Executive Yuan, the Administrative Court and the People＇s Court promote the docking of foreign laws and local culture with the use of judgments, jurisprudence, judicial interpretations and other forms. In terms of theory, academic scholars offer great wisdom in respects of the inheritance and acceptance of western academics and the building of local characteristics of administrative litigation regime. A hundred years of changes suggest that its purpose has changed from ＂strengthen their nation and army＂ to ＂control fight and protect rights＂ , its pattern has changed from ＂dual system＂ to ＂a mixed system＂ , its development has gradually changed from ＂globalization＂ to ＂localization＂ and its operation has changed from ＂legislation＂ to ＂justice＂.