行政滥诉之殇——熊某系列案评析

On Administrative Lawsuit Abuse——Analysis of Xiong’s Cases

出现在行政领域的滥诉被称之为行政滥诉。学界对行政滥诉的研究还处于起步的阶段,如何认定行政滥诉、行政滥诉的形态如何、行政滥诉有何特征、为何出现行政滥诉以及面对滥诉采取何种措施仍是值得研究的问题。对上述问题的理性思考离不开“个案”的观察,熊某系列案反映了我国亟待对行政滥诉进行明确和厘定,亦反映了各方必须努力解决行政滥诉这一新问题。

The lawsuit abuse in the administrative field is called administrative lawsuit abuse. The academic research on administrative lawsuit abuse is still in its infancy. Issues on how to define the abuse, the form, characteristics, reasons and countermeasures of administrative lawsuit abuse are worthy to be studied. The rational thinking on the above issues cannot be separated from the observation of “cases”. The Xiong’s cases reflected the urgent needs to clarify and define the administrative lawsuit abuse, meanwhile, it showed the need for all parties to work hard to solve the new problem of administrative lawsuit abuse.