论行政诉讼中的合目的性审查

On the Review of Pro - objective in Administrative Litigation

我国行政诉讼法只规定了进行合法性审查的单一审查形态,不能满足行政诉讼实践的需要。应该逐步建立由合法性审查、合理性审查和合目的性审查组成的全方位行政诉讼审查体系,才能更好地因应实践的需要。文章从探讨单一合法性审查的局限性及解决方法入手,逐步导出合目的性审查,并对其含义和审查方法等进行具体探讨。

The only premise issue concerned in China's Administrative Litigation Law is the validity review which fits for the practice of administrative litigation not well. For the purpose of fitting for the practice of administrative litigation well we should construct a reviewing system that includes not only the validity review but also the rationality review and according with law purpose review. The article starts from studying the limits and the resolving way of the only validity review premise issue and then induce another premise issue; according with law purpose review. Furthermore, the conception and reviewing way is given next.