司法审查视野中的行政诉讼--浅谈我国行政诉讼受案范围

我国行政诉讼受案范围的过于狭窄已成为学界公认的话题,学者们纷纷从不同角度进行探讨并提出了富有建设性的建议.从司法审查的角度,从司法权对行政权的合理制约理论出发,希望立法界在不久将来,能真正在立法上适当扩大行政诉讼受案范围.

The Administrative Litigation in the Vision of Judicial Examination

It has already become the topic of academic circles that scope of accepting cases of administrative litigation of our country is too narrow, and the scholars have carried on the discussion and put forward the constructive suggestion from different angles. This paper mainly gives my own opinion according to the rational restriction theory of the judicial power and the administrative power, from the angle of justice examination. And I hope that the legislative circles can really expand the scope of accepting cases of administrative litigation properly in administrative legislation.