行政诉权论:研究对象、现实意义与轴心地位

The Theory of Administrative Litigation Right:Research Object,Practical Significance and Axis Position

学界对行政诉权论之研究对象、现实意义与学理地位普遍存在认知不足,已导致我国的行政诉权研究迟滞不前、避重就轻,亟待澄清。在研究对象上,行政诉权论应围绕"行政诉讼当事人请求法院依法公正审判的程序权利"进行。在现实意义上,行政诉权论之研究攸关保护相对人的合法权益、监督行政权的依法运行、实质性解决行政纠纷、维护公共利益与行政法律秩序、塑造公民人格意识与国家法治底蕴。在学理地位上,行政诉权论处于行政诉讼法基础理论之轴心地位,借助其与行政诉讼目的论、标的论、类型论在研究层面上的勾连,将有利于推动行政诉讼法学科内部"荣辱与共"之理论发展趋势的形成。

The academic community lacks cognition about research object, the practical significance and academic position of the theory of administrative litigation right, which has led to stagnation and avoidance of major problems in the study on administrative litigation right in China. It is urgent to clarify. In the research object,the theory of administrative litigation right should focus on ＂ the administrative litigation parties＇ procedural right to request the court judging by law＂. In the practical significance, the study on the theory of administrative litigation right plays an important role in protecting the legitimate right and interest of administrative counterpart, supervising the operation of administrative power according to law, substantively settling administrative disputes, safeguarding the public interest and the order of administrative law, and shaping the awareness of citizenship as well as the national culture about rule of law. In the academic position, the theory of administrative litigation right is at the axis position of the basic theory of administrative litigation law. With the connections at the research level between the theory of administrative litigation right and the theory of purpose, subject and type of administrative litigation, it will be helpful for forming the theoretical development trend of ＂honor and disgrace together＂ within the discipline of administrative litigation law.