设置行政法院：行政诉讼突围中的重大误区

行政诉讼的受案范围狭小、撤诉多、难独立等问题的存在使行政诉讼制度已陷入重围,造成此格局的根本原因在于议行合一原则、人民主权原则的嬗变,因而行政法院的设置并不能从根本上实现行政诉讼的突围。

Establishment of Administrative Court:The Astray to RescueAdministrative Litigation System from the Siege

Our administrative litigation system has been encircled ring upon ring due to questions such as narrow scope of administrative cases to be accepted by the courts,a large number of withdraw of action,little independent judicatory power,etc.The basic reason led to this,the author consider,is that the independence of judicial power has been effected by the evolution of the principle of combination of legislative and executive powers and the principle of ultimate popular sovereignty,and the set up of administrative court can not help breaking out of an encirclement of administrative procedure.