我国行政诉讼全面审查制度再思考——法院对行政机关认定事实的态度分析

我国人民法院对行政机关认定事实采取怀疑或否定态度,对行政机关认定事实实行全面审查。英美法系国家法院对行政机关的事实认定采取尊重态度,对事实问题采用宽松的审查标准。大陆法系国家行政诉讼一般不区分事实问题和法律问题,都进行全面审查。我国应当重新思考人民法院的全面审查制度,对专业性和技术性强的行政案件,以及行政机关适用简易程序当场作出决定的案件,人民法院应当尊重行政机关对事实的认定。对一般案件事实,如果法律规定以具备某种性质为要件时,审查行政机关对事实性质的判断是否符合法律的规定。对于重大的或对当事人利益有重大影响的行政案件,进行全面审查。

Attitude of Court to Fact Ascertained by Administrative Organization

The people's courts in China always cast a suspicion on or say no to facts ascertained by an administrative organ and are willing to put any fact so ascertained under a strict judicial review. Comparatively, courts in the common law countries pay more respect to facts ascertained by the executive branch, and the relevant judicial review is liberal. In the continental law countries, a fact issue of administrative proceedings is treated as the same as a law issue and both must undergo a thorough judicial review. This author determines that the judicial review system of the people's courts should be reconsidered. A people's court should respect facts ascertained by the executive branch in the administrative cases concerned with sophisticated technology or professions or in cases decided by the executive with summary proceedings. As to general cases, if there are certain nature requirements, a decision as to the nature of a fact alleged by an administrative organ is to be put under review. As to important cases or cases concerning a client's great interests, a people's court should review all the facts thoroughly.