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行政诉讼是我国的一项基本行政救济制度,是监督和制约行政主体依据法律的精神做出行政行为的重要手段,是关乎社会稳定的重要因素。然而,实践中却存在社会效果无法与法律效果相统一的情况。本文从维稳的价值角度出发,对行政诉讼审判工作做出检讨,并对其改善提出了新的方案,力求通过扩大审查范围、推动行政调解等新举措完善行政审判工作。
Administrative litigation is a basic system of administrative relief in our country and an important means of supervising and restricting administrative bodies to make administrative acts in accordance with the spirit of law and an important factor in social stability. However, in practice there are situations in which social effects can not be unified with legal effects. From the perspective of the value of maintaining stability, this article reviews the trial of administrative litigation and puts forward a new plan for its improvement. It tries to improve the administrative trial through new measures such as expanding the scope of examination and promoting administrative mediation.