行政审判自清末移植以来,在中国可谓历经风雨。要解释这一奇特的现象,有必要以行政审判的原初意义为基点,以我国传统的政治文化为背景,对行政审判的生存环境进行挖掘。行政审判产生以及生存的背景是权力分立,其本质在于对权力进行制约;中国的文化与此相反,“合一”的文化在中国有着悠久的历史,对中国政治产生了根深蒂固的影响。由此就不难理解作为西方政治文化的代表制度——行政审判——在中国生长之艰难。历史证明,行政审判只有融入到中国的政治文化中,才能充分发挥其应有的功能。 Administrative trial since the transfer of the late Qing Dynasty in China can be described as stormy. To explain this peculiar phenomenon, it is necessary to take the original meaning of administrative trial as the starting point and excavate the living environment of administrative trial with the background of our country’s traditional political culture. On the contrary, the culture of “unity” has a long history in China and has had a deep-seated influence on Chinese politics. The background of the emergence and survival of administrative adjudication is the separation of powers and its essence lies in the restriction of power. As a result, it is not hard to understand that as the representative system of Western political culture - administrative trial - the hardship in China. History shows that administrative trial can only bring its due functions into full play only if it is integrated into the political culture of China.