从行政诉讼管辖改革看行政诉讼的出路

最高人民法院为解行政诉讼受地方行政非法干预之困，颁布了《关于行政案件管辖若干问题的规定》，希望通过提高行政诉讼审级和异地交叉管辖的办法抵抗行政干预。但仍不能使中国的行政诉讼制度及时、有效和公正地回应社会的需求。行政诉讼制度的实现与政制具有互补性，只有在宪法上获得足够的制度支持，中国行政诉讼才有可能真正突破当前的瓶颈。

The Way Out for Administrative Appeal-Looking from the Reform of Jurisdiction over Administrative Actions

Supreme People＇s Court issued Rules on Administrative Case Jurisdiction in order to solve the problem of administrative appeal which is often unlawfully interfered by local administration and stand against the interference from the local administration by improving administrative appeal rank and adopting cross charge method in different regions. However, China＇ s administrative litigation system can not meet social requirements timely, effectively and fairly up to now. The realization of administrative litigation system requires support from the Constitution in order to break through the current development bottleneck.