行政诉讼与行政法治

Administrative Litigation and Administrative Rule of Law

我国传统的以授权监督为主要依托的控权模式深刻影响着行政诉讼的功能定位,也影响着行政诉讼存在的逻辑必然。我国行政诉讼带有司法根据授权来监督行政合法性的本土特质,行政监督是行政诉讼的主要目的,并主导着行政诉讼制度的理性建构过程。在行政诉讼制度演进过程中,权利保护与权力监督共同作为行政诉讼的主要目的,推动了相关制度的发展和完善。面对行政诉讼二重目的之间的张力以及一系列现实困境,我国行政诉讼应当回归行政法治的价值起点,并对本土制度发展模式进行反思重构。

The traditional power control model based on authorized supervision in China has profoundly affected the functional positioning of administrative litigation,and also affected the logical justification of the inevitability of administrative litigation.China’s administrative litigation has the local characteristics of judicial supervision of administrative legality based on authorization.Administrative supervision is considered the fundamental purpose of administrative litigation and dominates the rational construction process of the administrative litigation system.In the evolution of the administrative litigation system,rights protection and power supervision are collectively regarded as the so-called main purpose of administrative litigation to promote the development and improvement of related systems.As facing the tension between the dual purposes of administrative litigation and a series of realistic dilemmas,it is necessary for China’s administrative litigation to return to the value starting point of the administrative rule of law,as well as to reflect and reconstruct the local system development model.