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行政诉讼法首次大修,引起了社会的普遍关注。提请审议的修正案草案显示,增改条款达61条,意味着这部法律需要的不是小的修补,而必须全面、整体性修改,以回应社会的深度期待。制定之初就被寄予厚望的行政诉讼法,23年来,在树立法治观念、推动行政立法、倒逼依法行政等方面功不可没;但由于法律本身的滞后,已难以承载私权救济和社会治理的功能。行政诉讼的价值不应止于观念,其必须有效化解行政争议,为行政相对人提供切实有效的救济,并通过促进依法行政介入社会治理。遗
The first overhaul of the Administrative Procedure Law has aroused widespread public concern. The draft amendment submitted for consideration shows that a change of 61 clauses means that this law needs not minor repairs but must be comprehensively and monolithically revised in response to the deep expectations of the community. In the 23 years since it was enacted, administrative litigation law has been placed on high hopes. In the past 23 years, it has made a great contribution to establishing the concept of the rule of law, promoting administrative legislation and forcing the law to be forcibly administered. However, due to the lag of law, it has become difficult to carry private remedies and social governance Function The value of administrative litigation should not stop at the notion. It must effectively resolve administrative disputes, provide effective and effective remedies for the counterparts in the administration, and intervene in social governance by promoting the administration according to law. Left