论《行政诉讼法》修改与法治行政理念

《中华人民共和国行政诉讼法》（以下简称为《行诉法》）施行20多年来，不断遇到新的情况和新的问题，其修改成为必须推进的课题。对于法制度改革来说，须有实务界和理论界的富有成效的意见交换，而对《行诉法》修改过程中所涉及的焦点或者难点问题进行梳理并展开系统性研究，包括对行政诉讼公共性价值的确认，对充分利用现有资源的评价分析，对修法的必要性、拓展受案范围、实现诉讼类型化、设置行政公益诉讼、完善审级管辖制度等进行思考，对诉讼程序的创新与整合、司法解释的定位等进行探索，则是《行诉法》修改工作得以顺利推进的重要支撑。

On the Modification of The Administrative Procedure Law and the Concept of Administration Under Rule of Law

The formulation of Administrative Procedure ferred to as The Administrative Procedure Law） was enforced Law of the People＇s Republic of China（ hereinafter re-more than 20 years ago, new situations and new prob-lems have been constantly arising so that its adaptation shall be an issue which we must consider and solve. As to the legal reform, fruitful exchange of views shall be taken fully between the practitioners and the theorists, and there is no exception with the revising of The Administrative Procedure Law. In order to sort out the focus or difficult issues involved in the process of its amending , a systematic study shall be conducted upon the following factors including the confirmation of the public value of the administrative proceedings, the evaluation and analysis of the full use of existing resources, the necessity of its amending, the expanding of its scope of accepting cases, the realization of liti-gation types, the set of the administrative public interest litigation, the improvement of the jurisdiction of the trial level system, the innovation and integration of the litigation procedures, the positioning of the judicial interpretation, etc. , all of which shall be of great significance and great value to help advance the modification of The Administra-tive Procedure Law smoothly.