在我国行政诉讼中确立“成熟原则”的思考

在我国行政诉讼中确立“成熟原则” ,有利于行政机关正常地行使行政权 ;有利于法院正确审理行政案件 ,有效地裁判纠纷 ;有利于切实保护行政相对人的合法权益 ,降低解决争议的成本。成熟的标准可以从实质和形式两方面进行把握 :从实质上 ,看行政行为是否给相对人的权利义务产生了实际不利的影响 ;从形式上 ,看行政行为是否形成最后决定

Thoughts on Establishing "Ripeness Principle" in Administrative Litigation in China

In China, to establish "ripeness principle" in administrative litigation will be beneficial for practising administrative power properly, as well as adjudicating administrative cases correctly and judging controversies effectively. It could also help to protect the legal rights of administrative parties and reduce the cost of solving the problems. The standard of ripeness can be approached through two aspects: in substantial way, it is to see if the administrative activity would produce practical negative effects on the rights and obligations of individual parties; in formal way, it is to see if the administrative activity would form into the final decision.