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行政诉讼解决“官民”纠纷,事实上涉及权力与权利的博弈,而诉权、审判权、执行权等如何行使,以及相互之间如何牵制以达到有效的动态平衡,是行政诉讼永恒的命题。我国行政诉讼模式总体上还是法院职权干预和职权推进模式,行政诉讼同时涉及到行政权与司法权关系问题,因而我国的行政诉讼出现“立案难、审理难、执行难”现象。文章以《行政诉讼法》新修改的内容为视角,以起诉、审理、判决、执行等机制的革新为主线,从众多新法条中分析、揭示权利与权力的关系。
Administrative Litigation to Solve “Disputes between Officials and People” Actually involves the game between power and rights. However, how to exercise litigation, judicial and executive power and how to contain each other in order to achieve an effective dynamic balance are the eternal propositions of administrative litigation . As a whole, the administrative litigation mode of our country is also the mode of intervention of the court authority and promotion of the power of attorney. The administrative litigation also involves the relationship between the executive power and the judicial power. Therefore, the administrative litigation in our country appears the phenomenon of “difficult to establish a case, difficult to handle, difficult to execute”. From the perspective of the newly amended Administrative Procedure Law, the article takes the innovation of mechanisms such as prosecution, trial, adjudication and enforcement as the main line, analyzes and reveals the relationship between rights and power from many new laws.