论摆脱行政诉讼的困境

行政诉讼的发展与其他诉讼相比 ,仍显得步履维艰。我们应探求问题之所在 ,积极寻求摆脱困境的出路。行政诉讼中存在的某些问题 ,是由于立法时经验不足造成的 ,因而需要理论的积累和指导 ;行政诉讼较难解决的是体制问题 ,只靠法院单方努力不行 ,需要在体制上实现变更 ;执行难则是既需要法院努力也需在体制上动手术的问题

Out of the Administrative Litigation Predicament

Administrative litigation in China has always been slow paced compared with other types of litigation. We should try to figure out why that is the case, and seek the way out for administrative litigation. Some problems in administrative litigation are the result of lack of experience in legislature, thus accumulation and guidance of theory is needed. The most difficult problem lies in the judicial system. Efforts from the court alone are not enough; instead, changes in the system must be made. Difficult enforcement requires both efforts from the court and adjustments in the judicial system.