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通过分析公共领域的对话需求,求证行政诉讼作为公共领域的地位,揭示其作为公共领域与国家政治生活互动的制度化突破口,肩负着通过保障个人偏好和社会共识的表达及其与公共部门的对话、监督,影响政治权力的运行,进而保障协商民主的制度重任。在此基础上,深入阐述立案登记制是对协商民主困境的一剂良药,揭示其在连接私域与国家之间交往互动的公共领域中的突破性作用。面对立案登记制,行政诉讼案件受理存在亟待突破的问题,针对上述分析并结合司法实践,试图为立案登记制之机制设置及其规范化运作提供可行性建议。
By analyzing the demand for dialogue in the public domain and verifying the status of administrative litigation as a public sphere, we can reveal its institutionalization as a breakthrough in the interaction between the public sphere and the political life of the country. It also expresses its expression through safeguarding personal preferences and social consensus and its dialogue with the public sector , Supervise and influence the operation of political power, thus ensuring the system of consultative democracy. On this basis, the thorough discussion of the case registration system is a good medicine for negotiating the dilemma of democracy and reveals its breakthrough role in the public sphere of interaction between the private domain and the state. Faced with the system of filing cases and filing cases, there are problems to be solved urgently in the acceptance of administrative litigation cases. According to the above analysis and the judicial practice, this paper tries to provide feasible suggestions for setting up the mechanism of filing case registration and its standardization.