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行政诉讼受案范围是《行政诉讼法》修改的首要热点,受案范围的扩大是理论界和实务界的共识,但扩大后新的标准是什么?到底应该扩大到多大?这些问题尚未达成共识。本文在剖析WTO规则关于司法审查的具体规定对中国行政诉讼受案范围的直接影响的基础上,提出一些修改行政诉讼受案范围的思考。
The scope of acceptance of administrative litigation is the chief hotspot in the revision of Administrative Procedure Law. The expansion of the scope of acceptance is the consensus of both theorists and practitioners. However, what are the new standards after the expansion and how much should be expanded? No consensus has been reached on these issues . Based on the analysis of the direct impact of the WTO rules on the specific provisions of judicial review on the scope of China’s administrative litigation, this article puts forward some suggestions on how to amend the scope of the acceptance of administrative litigation.