行政诉讼目的论

目的论是人性论。它是行政诉讼法学研究的前提性理论,对它的研究不仅具有理论价值,且更具实践意义。由于行政诉讼具有多维性,它既是权利与权力的共同规则,又是从“实然”中寻找“应然”的科学,既是权利对权力说“不”的游戏,又是为权利而奋斗的机制。因此,行政诉讼之目的也就具有多元性——可分解为程序正义、利益平衡、促进合作以及道德成本最低化等若干层面。

On the Aims of Administrative Litigation

It's not only of much theoretical value but also greater practical significance to probe the objective of administrative litigation, which constitutues the fundamental base for the administrative litigation law. Viewed from some angles, such procedures can be looked as rules in common for the private rights and public powers or as a technique for finding certainty for reality, while from other angles, can be looked as a game where the rights can say “No" to the powers or as a mechanism whereby the private rights can be safe guarded. So, the objective of administrative litigation is multiple; it includes ensuring procedural justice, promoting cooperation, keeping different parties' interests balance and minimizing ethics costs.