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“民告官”在中国多年来一直被视为依法治国的标志之一。此次《行政诉讼法》修改,亦在依法治国、依法执政的背景下,被寄予厚望。其间,一直被行政法学界强烈呼吁的行政法院设立问题再次被提出。1989年通过的《行政诉讼法》为中国法治建设开启了“民告官”的制度先河,这对于破除传统等级观念,培育法律面前人人平等的法治文化,限制行政权力膨胀,监督政府,建构权利制约权力体制,具有里程碑式的意义。无论是法学界还是实务界一致
“Civil sues” has been regarded as one of the hallmarks of governing the country according to law for many years in China. The revision of the “Administrative Procedure Law” has also placed great hopes in the context of governing the country according to law and governing according to law. In the meantime, the issue of the establishment of an administrative court, which has been strongly called upon by the administrative jurisprudence community, was raised again. The Administrative Procedure Law passed in 1989 opened up the system of “people suing officials” for the establishment of the rule of law in China. This is of great significance in breaking the traditional concept of hierarchy and fostering a culture of the rule of law that is equal to everyone before the law, restricting the expansion of administrative power and supervising the government It is of landmark significance to construct a system of power to restrict power. Both law circles and practice circles