公民权、行政权和司法权的三权博弈——从行政诉讼受案范围演变的视角解读与展望

在行政诉讼法律制度中,行政诉讼的受案范围与诉讼的三方参与人关系重大,行政诉讼受案范围则成为解开三者复杂关系的逻辑起点。本文从行政诉讼受案范围发展演变的视角来论证三权的博弈,并对受案范围的发展进行了学理上的分析和展望。

Game Theory of Civil Rights,Administrative Rights and Judicial Rights——A view on the basis of development tendency of jurisdiction of administrative lawsuit

In Administrative Procedure Law of C hina,administrative jurisdictions are closely connected with all three participative parties of administrative lawsuit.to a certain degree,jurisdiction is a logic beginning point to explain the complex relationships of three parties.The paper analyzed the rights of three parties in administrative lawsuit based on the sight of administrative jurisdiction and further evidenced the development tendency of administrative jurisdiction in theory and practice.