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中国古代虽然不存在现代意义上的行政诉讼,却早已形成了该项法律制度的雏形。彼时今日作为制度工具的行政诉讼功能差异是由政治结构差异所决定的,因而传统意识如今仍能给予经验哺给。同时应当认识到,我国现时运行的行政诉讼同样区别于西方的初始设计,传统意识深刻影响着制度的本土适用。文章基于现代中国的政治结构,提出社会暴力消化、行政引导、正义标准的实践三项行政诉讼功能,试图探寻社会转型中我国行政诉讼应当具备的政治功能。
Although ancient China did not exist in the modern sense of administrative litigation, but has formed the prototype of the legal system. At that time, the function difference of administrative litigation today as a system tool was decided by the difference of political structure, so the traditional consciousness can still give experience now. At the same time, it should be realized that the administrative litigation currently running in China is also different from the initial design in the West, and the traditional awareness profoundly affects the local application of the system. Based on the political structure of modern China, the article proposes three administrative litigation functions of social violence and digestion, administrative guidance and the standard of justice, trying to find out the political functions that our administrative litigation should have in social transformation.