国家治理体系现代化视野中的司法审查制度——以完善现行《行政诉讼法》为中心

党的十八届三中全会指出,全面深化改革的总目标是完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化。国家治理体系现代化在很大程度上就是法治体系现代化。而作为保障公民合法权益、监督政府依法行政、解决行政争议的司法审查制度在整个法治体系中不可或缺。在法治国家、法治政府和法治社会一体建设的新时期,司法审查制度的完善必将助力于国家治理体系现代化的有效推进。完善《行政诉讼法》的关键在于消除立案难、审判难、执行难的制度性障碍,有针对性地构建与国家治理体系现代化相称的司法审查制度。

Judicial Review System in Perspective of State Governance System Modernization--Improving Current Administrative Procedure Law as Center

It is pointed out in the third session of the eighteenth central committee of the CPC that the overall goal of deepening reform is improving and developing the socialist system with Chinese characteristics, in order to promote the modernization of the state governance system and ability. The state governance system modernization is in great degree the same as the rule of law system modernization. Since the judicial review system, which plays the roles of citizens' legal rights and interests protection, government administration according to the law supervision and administrative dispute resolution, is indispensable in the entire rule of law system, its improvement will necessarily and effectively promotethe state governance system modernization in this new integrated rule of law construction era of the state, the government and the society. So the key to improve the administrative procedure law is to eliminate the institutional barriers in filling, trial and enforcement, targetedly building a judicial review system being commensurate with the state governance system modernization.