摘要
新行政诉讼法实施后,行政案件受案门槛降低、受案范围扩大,这些将对法院的受案机制、法官的执业水平及其心理压力带来前所未有的冲击。为了应对新法的变化,应当在充分保障行政法官职业安全的前提下再谈以下应对措施,一方面规范立案程序,另一面提高法官的执业水平。如果让行政诉讼真正担当起"保障私权、监督公权"的应有职能,那么祛除司法地方化,建立专门的行政法院才是最有力的破解之道。
After the new administrative procedure law comes into effect, and administrative cases' threshold has been reduced, meanwile scope of accepting cases has been expanded too. These will bring unprecedented impact to many parts of the court, such as mechanisms of accepting cases, the judges' professional level and their psychological pressure and so on. In order to deal with the new situation, we should be on the premise of fully ensure the iudge occupational safety talk about the following countermeasures. On the one hand, standardize filing case procedure. On the other side to raise the level of the practice of the judge. But the most critical measure is to establish administrative court, the most critical measure is to establish administrative court, and it can dispel the localization of jurisdiction and make the administrative litigation play the original function,that is "safeguard private rights, supervision and public rights".
出处
《成都理工大学学报(社会科学版)》
2016年第2期83-88,共6页
Journal of Chengdu University of Technology:Social Sciences
关键词
行政案件
受案范围
新行政诉讼法
行政法院
administrative cases
scope of accepting cases
the new administrative procedure law
the administrative court