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在我国,行政诉讼既保障公民权利,又监督和维护行政权。我国立法虽然力图公平分配行政机关与相对人的权利和义务以及行政机关与司法机关的权力,但却不能保证行政机关的执法活动与司法机关的司法活动完全符合法律规定。行政诉讼在我国的发展也并非一帆风顺,行政诉讼立案难就是其中一个体现,这与我国《行政诉讼法》偏离其本来的作用有密切关系,因此,要完善我国行政诉讼,必须让《行政诉讼法》归本,恢复其应有的作用。
In our country, administrative litigation not only protects civil rights, but also supervises and maintains administrative power. Although our country’s legislation seeks to equitably distribute the rights and obligations of the executive authorities and the relatives and the powers of the executive authorities and the judiciary, it can not guarantee that the law enforcement activities of the executive authorities and the judicial activities of the judiciary fully comply with the law. The development of administrative litigation in our country is also not easy. One of the difficulties in the administrative litigation is that it is closely related to the departure of our “administrative procedure law” from its original role. Therefore, in order to perfect our administrative litigation, we must make “Administrative Procedure Law ”Return to restore its due role.