摘要
《行政诉讼法》自1989年实施以来面临第一次修订。本文追溯了1949年以来《行政诉讼法》的发展历程,回顾了最初的实施及目前的现状,重点梳理了促成此次修订的若干因素。随后,从文本出发,通过对比原法条文和三轮修订稿,从规范层面探讨了修订涉及的核心话题,如诉讼功能、受案范围、原告资格、审判体制及判决等,通过对以上素材的分析展现修法面临的核心争议及路径选择。本次修订解决了诸多实质性问题,但仍有缺憾。
The Chinese Administrative Litigation Law( ALL) went into effect in the year 1989. However,after over 20 years of practice,several systematic deficiencies have surfaced,mostly because it was borrowed from overseas,in particular Germany, this reference or transfer was incomplete and inaccurate. Besides, the Chinese economy has seen extraordinary development since the inception of reform and opening up since 1978. The economic achievement has been prompting every social sector into change,for adaptation,no exception in the field of law as well. At last the openness in economy has also enhanced the awareness of property and political rights protection among the people,and thus posed a serious challenge to the unitary rights protection system. Therefore,it is consensus to amend the ALL,make it reach the need of the society,a pathway to the democratic and welfare society.
基金
one of the research findings of "Radical Transformation of Government Function from the Perspective of Super-ministry Reform"
a major project of National Social Sciences Fund(Grant No.13&ZD034)
