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刘云务车辆被长期扣留争议案件中,被告违法、滥权和任性嫌疑的被诉行政行为迟迟未能获得司法审查的负面评价,一审、二审与再审法官认知态度反差之大,这些都令人深思。在新《行政诉讼法》施行一年多之际,结合本案终审判决来析案说法,是非常必要、富有教益的。一、法制建设进入精细化发展阶段对依法治理提出了更高要求伴随改革开放的进程,我国法制建设自20世纪70年代末开始受到重视,提出了“有法可依、
In the case of long-term detainment of Liu Yunwu’s vehicles, the defendant’s administrative act in violation of the law, abuse of power and suspicion of being suspicious has not been able to obtain the negative appraisal of judicial review. There is a great contrast between the first instance, the second instance and the judge of retrial, Thinking deeply. When the new ”Administrative Procedure Law“ is implemented for more than one year, it is very necessary and entertaining to analyze the case with the final judgment of this case. I. Legal System Construction Has Entered the Stage of Fine Development Putting Higher Needs to Rule by Law Along with the process of reform and opening up, the building of the legal system in our country has drawn great attention since the late 1970s and put forward the principle of ”