摘要
1989年4月4日,第七屆全國人民代表大會第二次會議通過了《中華人民共和國行政訴訟法》,並於1990年10月1日起施行。至今,我國《行政訴訟法》已走過30年。行政訴訟的這30年,是行政訴訟制度從無到有,從創立到不斷完善的30年;是行政審判機構和審判隊伍不斷健全壯大的30年;是老百姓從不會告、不敢告、不願告,到能主動地運用行政訴訟,捍衛自己權利的30年;是行政機關從抵觸行政訴訟、害怕行政訴訟監督,到接受行政訴訟監督的30年;是公民請求救濟權利的範圍、行政機關接受司法監督的範圍,不斷擴大的30年;是經濟與社會轉型變遷,政府職能與治理模式不斷變化與發展的30年。可以說,行政訴訟法走過的這30年,就是國家不斷推進法治政府建設和依法治國進程的30年。本期我刊邀約中國政法大學終身教授應松年、最高人民法院副院長江必新大法官、全國人大常委會法工委國家法室童衛東主任、中國政法大學副校長馬懷德教授、北京第四中級人民法院副院長程琥法官五位專家學者,從立法歷史、制度創新和司法實踐等多方面勾勒出行政訴訟30年發展之剪影,並提出對未來行政訴訟法制度建設和實踐創新的期待。
The Administrative Procedure Law of the People s Re? public of China was adopted at the Second Session of the 7th National People's Congress (NPC) on April 4, 1989 and implemented as from October 1 1990. So far, the Administrative Procedure Law has come a long way of three decades. Those three decades of the Administrative Procedure Law is a journey for it to start from absence to presence, and from enactment to constant improvement. It is the three decades for administrative judicial agencies and forces to grow stronget. It is the three decades for ordinary citizens, who did not know how to sue, did not dare to sue, or hesitated to sue, to become proactive in defending their rights through administrative litigation. It is the three decades for administrative agencies, who had an antipathy and fear towards administrative litigation, to accept supervision from administrative litigation. It is the three decades for the scope of relieves to which citizens are entitled and the scope of judicial supervision which administrative organs accept to expand.It is the three decades for our economy and society to go through transformations and transitions and for our govern-ment functions and governance models to change and develop. In a manner of speaking, the three decades of the Administrative Procedure Law could be described as the three decades during which China promotes law-based governance and the rule of law. In this issue, we have with us five experts and scholars, Ying Songnian, Tenured Professor of China University of Political Science and Law, Jiang Bixin, Grand Justice and Vice President of the Supreme People's Court, Tong Weidong, Director of the State Law Office of the Legislative Affairs Commission under the NPCSC, Professor Ma Huaide, Vice President of China University of Political Science and Law, and Judge Cheng Hu, Vice President of Beijing No. 4 Intermediate People's Court, to give us the outline of the 30- year development of administrative litigation from the aspects of legislation history, institutional innovation and judicial practice, and tell us their suggestions and expectations for the institutional development and practical innovation of the future Administrative Procedure Law.
作者
應松年
Ying Songnian(China University of Political Science and Law)
