通过诉讼的政府控制

没有控制的权力必然导致腐败.政府权力应受到控制已成为世界各法治国家所遵从的一条公理.政府权力的无限扩张性、执政理念转变的必然性使人们开始意识到有限制政府权力之必要.实现法治国家首先要求对政府权力有所控制,通过诉讼(行政诉讼和宪法诉讼)对政府进行控制不失为一条有效的途径.针对当前国际国内形势,首先要弱化权力崇拜、强化行政服务,其次要完善行政诉讼法、加强对政府的监督,而宪法的权威性和至上性决定了通过宪法诉讼是控制政府权力的首要选择.我国在完善行政诉讼的同时亟须建立适合我国国情的宪法诉讼制度.

The Control of "Government by Litigation"

Power without controlling must lead to corruption.It's a truth that government power should be controlled,which obeyed by those nations ruled by law.The dilation of power and the inevitability of transformation of governor's ideal make people realize that it is necessary to control the power of government.To make the principle "rule by law" become true,the most important thing to do is controlling government power by administrative litigation and constitutional litigation,which is a useful way.However,facing current situations at home and abroad,firstly,we have to weaken power worshipping and strengthen administrative serving.Secondly,we must make Administrative Law more perfect and reinforce supervising to government.The authority and paramountcy of constitution is the crucial factor for us choosing constitutional litigation to control government power.It is necessary to perfect the Administrative Litigation Law as soon as possible.Meanwhile,it is urgent to establish constitutional litigation system,which suits to the situation of China.