俄罗斯行政诉讼的制度构建和理论走向

Russian Administrative Lawsuit:Institutions and theoretical Orientation

苏联解体后 ,俄罗斯作为苏联的主要继承国 ,其社会性质已经发生了根本变化。它如何构建行政诉讼制度 ,其理论走向如何 ?这些问题对我国来说是一个比较荒漠的领域。笔者认为 ,俄罗斯已仿照西方国家初创了与苏联有本质区别的行政诉讼制度 ,还亟待改进和完善。为此 ,俄罗斯学者一直在进行积极探索。从理论走向看 ,集中在两个方面 :一是围绕行政诉讼概念、本质和特点进行行政诉讼基本理论研究 ;二是俄罗斯行政诉讼的应然模式和行政诉讼法典化问题。

After the disintegration of the Soviet Union,A fundamental change has taken place in Russia,the main successor state of the Soviet Union. It is an unknown area for us Chinese as to what Russia as the main inherited state of the former USSR would do to build an administrative lawsuit system,and what a theoretical orientation it would follow in this connection. The author of this article holds that Russia,following the example of the West,has already initiated an administrative lawsuit system,which is essentially different from that of the former USSR,but remains to be improved and made sound urgently. For this purpose,Russian scholars have been probing energetically in this regard. Judging from the theoretical orientation,the probe has concentrated on two aspects: (1) studies on the basic theory of administrative lawsuit focusing on its concept,essence and special features;(2) the ought-to-be model of Russian administrative lawsuit and its codification.