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近代中国的法治进程始终处于西法东渐的大背景之下,南京国民政府延续晚清以来对行政诉讼制度的讨论与构建,以大陆法系的德法行政法院为样板,建立了与普通法院并行的行政法院。然而,一切涉及政治的制度终究要接受一国内部政治生态的考验,彼时行政法院的实践远未如想象的美好,最终留下的是后来者必须正视的启迪与反思。
In modern China, the process of rule of law has always been under the background of gradual progress of the Western Fa East. The Nanjing National Government continued the discussion and construction of the administrative litigation system since the late Qing dynasty. Based on the German-French Administrative Court in the civil law system, Administrative Court. However, after all, the system involving politics has to be tested by the internal political ecology of the country. At that time, the administrative court’s practice is far from being as good as imagined. What eventually left behind was the enlightenment and introspection that later generations must face.