两审终审制度与行政诉讼原告诉讼权利保障

两审终审制的实质是任何案件至多经由两级法院两次审理即可生效执行,它以公正性和效率性为其价值追求。在我国当前的行政诉讼中,两审终审制形同虚设,这极大地威胁着原告的合法权益,因为上下级法院之间严重的行政依附倾向和二审程序对书面审理方式的偏好使原告通过行使上诉权获得第二次公正审判的权利无形中被剥夺了。从保障行政诉讼原告合法权益的角度出发,完善和贯彻两审终审制必须改革现有的法院内部体制,真正做到行政审判权的内部独立;改变第二审程序的审理方式,坚持以公开开庭审理为原则。

The Two-tier Trial System and the Safeguarding of the Plaintiff''''s Proceeding Rightsin Administration Litigation

The essence of two-tier trial system value of which is fairness and efficiency in every case can't be carried into execution until the case has been heard twice by two levels of courts.At present,the two-tier trial survives in name only in our administration litigation,and it enormously threatens the plaintiff's legal rights and interests because of the serious administrative attachment tendency between two levels of courts and the deflection to written trial style in secondary trial procedures.So the plaintiff's second fair trial right through exercising the appeal right is deprived of imperceptibly.To perfect the two-tier trial system and safeguard plaintiff's proceeding rights and interests,it is necessary to achieve truly internal independence of the administrative judicial power by reforming the existing court interior system,and change the trial style of secondary trial procedure persisting in the principle of a public court hearing.