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本文在实证分析我国《行政诉讼法》实施状况不尽如人意的基础上,认为现代行政诉讼法律制度的文化基础是人权观念、分权理论和法制观念。行政诉讼制度与民主政治有着天然的联系,而我国的行政诉讼法律制度是法律移植与改造的产物。中国行政诉讼制度是借鉴外国有益的法律制度文化并根据中国国情需要加以改造的结果。20世纪中国行政诉讼制度的建立和发展屡经挫折,表明对西方法律制度的消化和吸收是艰难的。这主要是由于我国古代文化与现代行政诉讼制度存在着明显的差异和冲突,行政诉讼制度得以生存和发展的三个方面的观念条件在我国最为薄弱。因此,中国行政诉讼制度的推行就离不开对传统法律文化的批判和彻底改造,为此,必须作好几点工作:在人民群众中积极宣传《行政诉讼法》,进一步培植和弘扬权利观念、法治观念、平等观念;要在人民法院行政审判工作人员中提倡“护法”精神、爱民精神、权力监督意识,抵制和消除对行政权力抱有的“恐惧”意识、迎合意识;必须在政府官员中普遍提高民主的平等意识,彻底清除头脑中的歧视公民的所谓“刁民”观念和“官贵民贱”观念等。
Based on the empirical analysis of the unsatisfactory implementation of the Administrative Procedure Law in our country, this paper argues that the cultural basis of the modern administrative lawsuit system is the concept of human rights, the theory of decentralization and the concept of legal system. The system of administrative litigation has a natural connection with democratic politics, and the legal system of administrative litigation in our country is the product of legal transplantation and transformation. China’s administrative litigation system is the result of drawing lessons from the legal system of foreign interests and adapting it to the needs of China’s national conditions. The establishment and development of China’s administrative litigation system in the 20th century has suffered many setbacks and shows that it is difficult to digest and absorb the western legal system. This is mainly due to the obvious differences and conflicts between the ancient Chinese culture and the modern administrative litigation system. The concept and conditions of the three aspects in which the administrative litigation system can survive and develop are the weakest in our country. Therefore, the implementation of China’s administrative litigation system can not be separated from the criticism and thorough transformation of the traditional legal culture. To this end, we must do a few tasks: actively promote the “Administrative Procedure Law” among the people, and further foster and promote the concept of rights, The concept of the rule of law and the concept of equality; it is necessary to advocate the “law-abiding” spirit, the spirit of loyalty to the people, the awareness of power monitoring in the administrative trial staff of the people’s court, and to resist and eliminate the “fear” awareness of administrative power and cater to the awareness; In government officials, they generally raise their awareness of equality in democracy and completely eliminate the so-called “people-made” concept and “government-minded people and stereotyped ideas” of citizens who discriminate against one another in their minds.