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合法性审查制度是我国行政诉讼制度的核心。但是行政审判实践中,合法性审查制度却越来越弱化,乃至虚置,行政诉讼功能得不到发挥,行政审判权出现萎缩。本文采用统计分析、案例分析、文本解释等研究方法,对我国行政诉讼合法性审查制度虚置现象及原因进行分析,提出行政诉讼改革仍须坚持合法性审查,强化监督政府依法行政的功能,完善相关的制度设计,推进政府法治建设的论点,同时对如何进一步保障合法性审查制度运行提出几点建议。
The system of legality examination is the core of the administrative litigation system in our country. However, in the practice of administrative adjudication, the system of censorship of legitimacy is weakened and even weakened, the functions of administrative litigation can not be brought into full play, and the power of administrative adjudication shrinks. This article analyzes the phenomena and causes of the legal censorship system in China by means of statistical analysis, case analysis and textual interpretation. It points out that the reform of administrative litigation must insist on the review of legitimacy, strengthen the function of supervising government administration according to law, Related system design and promoting the construction of the government by law, and also put forward some suggestions on how to further guarantee the operation of the system of legal censorship.