行政审判的价值转向——运用文本分析与实践考察的方法

通过对《最高人民法院公报》近五年的司法政策进行梳理分析,及对基层人民法院的行政审判实践进行实证考察,推断与印证了行政审判的外部环境与内部结构均发生着深刻的变革。基于总结与反思,提出完善行政审判制度,修改《行政诉讼法》以及构建与行政审判相衔接的多元化纠纷化解机制,以期能实质性地化解行政争议。

The Value of Administrative Trial Conversion:Use the Method of Text Analysis and Investigation

By analyzing the judicial policy in the Gazette of the Supreme People’s Court issued within the latest five years,and investigating the administrative trial practice conducted by basic-level people’s court,the present study deduces and confirms the profound changes in the external environment and the internal structure of the administrative adjudication.Summary and reflection of such a change is proposed to improve the administrative justice system,to modify the Administrative Procedure Law as well as to construct diversified dispute resolving mechanism associated with administrative trial,and eventually to resolve administrative disputes effectively.