《行政诉讼法》修改及其遗留争议难题——以推动法治政府建设为视角  

Amendments and Remaining Controversial Issues of Administrative Procedure Law on Perspective of Promoting Government by Law Construction

作　　者：莫于川[1] 

机构地区：[1]中国人民大学法学院

出　　处：《行政法学研究》2017年第2期3-18,共16页ADMINISTRATIVE LAW REVIEW

基　　金：笔者主持的国家社科基金重点项目<行政民主进程中的法治政府建设理论与制度创新研究>(14AZD141)的阶段性成果

摘　　要：行政诉讼是解决行政争议、促进依法行政的重要保障制度,其基本法律是《行政诉讼法》,其修改与经济政治法制改革密切相关;该法长期存在一些制度缺陷,其成因也很复杂深刻;该法首次修改时做了许多重要修正,特别是对于立法目的做了调整,并做出与此相关的系列制度改进,但人们对此存在不同看法,遗留一些争议难题;从新法实践看,如不深入认识和妥善解决上述问题显然不利于准确有效实施法律,故须对主要争议点及修改理据再加深入分析,在法律实施过程给予足够注意,才有利于我国行政诉讼法治的健康发展,可加快法治政府建设步伐。Administrative litigation is an important guarantee system which solves administrative disputes and promotes administration by law. The basic law of administrative litigation is the Administrative Procedure Law, the amendment of which is closely related to economic, political and legal reform. Over a long time period, the Administrative Procedure Law remains some system defects, which has complex and profound causes. Many significant amendments were made to theAdministrative Procedure Law, especially its legislative purpose when it was revised for the first time, and relevant system improvements were also made. However, people hold different views on this, leaving over some controversial issues. According to the practice of the new law,not deeply understanding and properly solving the above problems would go against the precision and efficiency of law enforcement, for which deeper analysis on both major controversy and theoretical basis for amendments as well as paying enough attention to the process of law enforcement is needed to promote the healthy development of administrative procedure law system, speeding up the government by law construction.

关 键 词：行政诉讼 立法目的 制度创新 争议难题 法治政府 

分 类 号：D925.3[政治法律—诉讼法学]