我国行政上诉制度之检讨与完善——由一起具体案件引发的思考

由于现行《行政诉讼法》对行政上诉条件的规定失之于宽,从而增添了许多不必要的诉讼,并引发诉讼费用征收标准及负担原则上的悖论。为避免上诉权的滥用,充分发挥二审程序的制度功能,应从制度上对当事人的上诉予以适当的限制,并完善我国行政裁判的纠正制度。

On Review and Perfect the Administrative Appeal System

Unnecessary appeal cases as well as the paradox between the standard of litigation fee and the fee charge rule are caused because the standards for appeal in current administrative litigation law are not strict enough. Effective measures should be taken to confine a person's appeal probably and improve the adjustive system for administrative verdict so we could avoid appeal abuse and make procedure of second instance function sufficiently.