民国初年,围绕正在构建的行政诉讼体制应采取何种模式,一批学者、政客曾展开激烈争论。争论主要涉及三个层面内容,即法理上行政审判权的性质与归属、体制上行政审判机关与行政机关之间是“一元制”还是“二元制”、传统都察院的去留。争论不但影响了民国初年的行政立法,还使当时行政体制的构建与完善过程进一步复杂化。究其原因,争论既是学理争论和辩异的结果,又是各种政治势力角逐的必然。 In the early years of the Republic of China, a number of academics and politicians had heated arguments about what mode should be adopted for the administrative litigation system being built. The debate mainly involves three levels of content, namely, the nature and the ownership of the administrative jurisdiction in jurisprudence, the “monistic system” or “dual system” between the system of administrative adjudication organs and the administrative organs, and the removal of the traditional procuratorate. The debate not only affected the administrative legislation in the early years of the Republic of China, but also further complicated the process of building and perfecting the administrative system of the time. The reason, the argument is not only the result of debate and debate of the theory, but also the inevitable competition of various political forces.