行政诉讼撤诉:问题与对策

撤诉是当事人对诉权进行处分的重要体现,也是法院终结诉讼的重要方式,目前甚至成为主要方式。有些是当事人自愿撤诉,有些是由于被告改变具体行政行为而撤诉,也有的是当事人迫于压力撤诉。原因既有传统法律文化的影响,又有政治体制的因素,还有行政诉讼制度设计本身存在的问题。所以,建构科学的行政诉讼撤诉制度对实现行政诉讼目的有重要意义。

Withdrawal of Charges in Administrative Litigations: Problem and Solution

Withdrawal of charges is a significant representation of litigious right disposition by the party,as well as an important measure to terminate litigations by the court,the major measure at present. No matter for what particular exterior reasons,for instance,the party does voluntarily or not,or the administration agency changes its specific administrative act,the withdrawal can be concluded into three general interior reasons which are traditional legal culture,political system and the problems in the administrative litigation system itself. Therefore,it will be of great significance for the realization of litigation ambition to construct a scientific system of withdrawal of charges in administrative litigations.