行政诉讼立案登记制的理念信守与路径改造

The Conception and Path Transformation of the Administrative Litigation Registration System

行政诉讼立案登记制实施三年有余,一定程度上缓解了行政诉讼领域长期存在的“立案难”问题。但是,其存在起诉要件的文本逻辑失范、立案审查标准不明确、滥用起诉权行为的防范缺失的现实困境,现行制度仍然无法摆脱行政纠纷立案受理过程中实质审查的窠臼。对此,需要探寻行政诉讼立案登记制的实质意涵,以实现起诉要件的低阶化回归,从正当化改造的可行路径推动立案登记制的规范运行,并构建相对集中审查机制和规制滥用诉权,释放立案登记制度的潜能。

The implementation of the administrative litigation registration system has been implemented for more than three years,which has considerably eased the long-standing problem of “solving the case” in the field of administrative litigation.However, the textual logic of the existence of the prosecution element is out of order;the standard of filing review is not clear and the actual predicament of the abuse of the right to prosecute is existing.The current system is still unable to get rid of the embarrassment of substantive examination in the process of accepting the administrative dispute.In this regard,in order to achieve the low-level return of the prosecution elements,promote the standard operation of the registration system from the feasible path of justification transformation, it is necessary to explore the substantive meaning of the administrative litigation registration system and build a relatively centralized review mechanism and regulate abuse of litigation rights,thus releasing the potential of the registration system.