行政诉讼受案范围分析

长久以来 ,受案范围问题一直围扰着我国理论界和司法部门 ,学者针对行政诉讼法的相关规定提出了种种具体而细致的解决意见和建议。从宏观视角考察受案范围对我国行政诉讼实践的影响 ,司法权与行政权之间良性互动关系的欠缺 ,是我国受案范围存在的根本问题。我国受案范围问题的解决需要从理顺司法与行政之间的关系入手 ,从根本和长远来看则是要消解受案范围在我国行政诉讼中的特殊门槛作用。

An Analysis of the Scope of Administrative Litigation

The scope of administrative litigation has long been a hard question to us. Many specific suggestions aiming at certain provisions of Administrative Litigation Law have been put forward by scholars. The absence of positive relations between judicial power and administrative power is the basic problem of the scope of administrative litigation. To resolve this problem, we should put the relations between judicial power and administrative power in good order and clear up the special function of the scope of administrative litigation.