论民事行政诉讼违法行为调查权的构建

民事行政诉讼违法行为调查权是随着司法体制改革产生的一项新生事物.本文通过对民事行政诉讼违法行为调查权产生的现实基础和法律渊源的阐述,重点分析在现有的法制框架下,民事行政诉讼违法行为调查权如何坚持其性质、功能、目标等法律定位,把握权力行使的方向、重点、界限、范围,促进权力行使的成果转化,以减少和消除实践中存在的因对此项权力认识错位导致的工作盲动和权力功能异化,保障民事行政诉讼违法行为调查权充分、准确发挥应有功效.

The Establishment of the Investigative Power of the Unlawful Act in the Civil and Administrative Litigation

With the reform of judicial system, the Investigative Power of the Unlawful Act in the civil and administrative litigation has been produced. By elaborating the realistic foundation and source of law about the Investigative Power of the Unlawful Act in the Civil and Administrative Litigation, this paper analyzes the power how to adhere so much legal orientation, such as the nature, the function and the target. What＇s more, the paper also researches the direction, the focus, the boundaries and the scope of the power during the performing process. Finally, the author expects that the paper will achieve many results, for instance, promoting the transformation of the results about the exercise of the power, reducing and eliminating the understanding of dislocation which causes the rashness and power functions work alienation in practice, ensuring the power dose give its full play in the civil and administrative litigation.