论具体行政行为的合法性判断标准

我国行政诉讼法律制度没有区别不同类型的行政行为,没有根据不同行政行为中的行政机关担负的不同职责而分别设定不同的合法性判断标准,“尽责即合法、未尽责即违法”的判断模式既不能适应审判实践活动的需要,亦与社会活动的复杂性和政府职能转变不相协调,现行的行政诉讼法律制度确有必要进一步修订完善。

Discuss the Legal Judge Standard of Concrete Administrative Bahavior

Our country's administrative procedure has not distinguished the variety of administrative action, and has not established the different legal judge standard according to the different responsibility that the administrative organ should takes in the different administrative action. "Fulfilling responsibility is legitimate, otherwise is illegally", this pattern of judge has already not been able to meet the need of trial practice, and cannot coordinate with the social activity's complexity and the shift of the government functions as well. Therefore, it's essential to consummate the present system of the administrative procedure.