中国行政诉讼的历史、现状与展望

我国行政诉讼制度是在实行改革开放政策以后,随着社会主义商品经济和民主政治的发展而逐步建立起来的。行政诉讼制度的建立,既是顺应时代的需要,也是历史发展的产物,同时还有一个逐步建立和发展的过程。行政诉讼法实施以来,人民法院受理案件数量总体保持增长势头,受理事项涉及几乎所有行政管理领域,新类型行政案件不断出现并被人民法院受理、审理和裁判,基本实现了监督行政和保护权利的双重目的。但也存在受案范围的规定未普遍实现,原告告状难、立案难,原告胜诉率不高,判决规定未全面遵循,行政诉讼法一些规定流于形式等问题。行政诉讼制度运行所必需的一些条件尚未充分具备,这决定了近期的修改只能是精细化和非终极性的。

The History, Status Quo and Outlook of Administrative Litigation in China

With the development of socialist commodity economy and democracy under the policy of reforming and opening, administrative litigation system in China has been established gradually. The foundation of administrative system is not only the outcome of the era, but also a process of development of society. Since the implementation of administrative litigation law, the number of accepted cases by the court keeps growing. The scope of cases covers all the fields of administration, especially the new types of administrative cases accepted and judged by court. All of these basically fulfilled dual purposes which refer to the purpose of supervising administration and the purpose of protecting rights. But there are still some problems unsolved, such as the difficulty of prosecution for complaints ,judgments unable to be executed. As mentioned above, some necessary requirements for the operation of administrative litigation has not been possessed, which decides that the recent amendment is merely meticulous and non-terminal.