论文部分内容阅读
行政诉讼受案范围是我国行政诉讼法中的一个热点问题,自创建行政诉讼制度以来,我国行政诉讼受案范围几经调整,在总体上呈现出逐步扩大的态势。但是,在行政诉讼受案范围的立法体制,可诉行政行为的范围,以及双方行政关系中行政合同可诉性问题等几个方面依然存有缺陷,致使行政诉讼受案范围受到了诸多不适当的限制。这些规定既限制了行政相对人的诉权,也严重阻碍了我国行政诉讼和行政审判的发展,因此,必须针对上述几方面的缺陷,适度拓展行政诉讼受案范围。
Since the establishment of administrative litigation system, the scope of the administrative litigation in our country has been adjusted after several times, showing an overall trend of gradually expanding. However, there are still some shortcomings in the legislative system of the scope of the administrative proceedings, the scope of the administrative actions that may be sued, and the litigability of the administrative contract in the administrative relations between the two parties. As a result, the scope of the administrative proceedings received a lot of inappropriate limits. These provisions not only limit the right of action of the administrative counterpart, but also seriously impede the development of administrative litigation and administrative adjudication in our country. Therefore, the scope of the acceptance of administrative litigation must be appropriately expanded according to the above defects.