试论我国行政审判体制的改革与完善--以建立独立的行政法院为路径的思考

我国行政诉讼法的实施过程中出现了审判难、执行难、案件受理数量低、撤诉率高的现象.之所以出现如此状况,原因在于我国的行政审判体制存在弊端负责审理行政案件的一些审判组织和审判人员既缺乏必要的独立性,难以对抗来自行政机关的不当干预;又缺乏必要的专业知识和审判经验,难以保证行政案件的审判质量.改革我国行政审判体制的出路在于设立独立的行政法院.目前在我国设立独立的行政法院既有必要性又有可行性.

On the Reform and Perfection of Our Administrative Judicial System--Contemplation on Taking the Establishment of Independent Administrative Courts as Access

The implementation of our administrative procedure law has sunk into a difficult position: the trial and execution of administrative cases are very difficult; the quantity of administrative cases is very low, while at the same time the proportion of withdrawal of an action is very high. The reason of the aforementioned phenomena lies in the serious maladies of our administrative judicial system: the organization and staff responsible for the administrative cases lack not only the necessary independence but also the professional knowledge, and as a result, they can not resist the administrative intervention and can not guarantee the quality of the cases. The best way for the reform of the administrative judicial system is to establish independent administrative courts. At present, to establish independent administrative courts in our country is not only necessary but also feasible.