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行政诉讼裁判基准时指法院在行政案件审理中,对行政行为作出以后发生足以影响原行为的合法性或当事人利益的事实与法律变化,应当以哪一时点的事实与法律作为最终裁判依据。行政诉讼裁判基准时关系到行政诉讼制度目的实现,即监督行政机关依法行政及保障人民利益之目的。为便于行政诉讼裁判基准的统一,需要根据行政诉讼类型的不同,对影响裁判基准时的因素进行充分的考量和客观评价,并最终构建一套明确统一的裁判基准时规则,以期能够实现依法行政原则与有效权利保护原则之平衡。
Administrative Litigation Referee Benchmarks refer to the facts and legal changes that should be made by the court in administrative cases to make the final administrative decisions based on the facts and legal changes that may have an impact on the legality of the original acts or the interests of the parties in the future. Administrative litigation referee benchmarks related to the realization of the purpose of the administrative litigation system, that is, the supervision of administrative organs according to law and safeguard the interests of the people. In order to facilitate the reunification of the administrative adjudication benchmarks, according to the different types of administrative litigation, the factors influencing the referee benchmarks should be fully considered and objectively evaluated, and finally a set of clear and unified rules should be established when judging the benchmarks so as to realize the administration according to law Principle and the principle of effective protection of the balance.