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新《行政诉讼法》在诉讼理念上有诸多提升,但达到国家治理现代化仍有诸多不足,需要进一步提升。必须促进《行政诉讼法》向治理现代化转型,构建相应的制度。行政诉讼调解的是司法权与行政权的关系,从司法权的角度来看,应实现司法权威主义、司法民主主义从而促进现代化转型。从行政权角度来看,则应构建官民互动机制、完善独立而系统的行政监督机制等等。
The new “Administrative Procedure Law” has many improvements in the concept of litigation, but there are still many deficiencies in the modernization of state administration and needs to be further improved. The “Administrative Procedure Law” must be promoted to transform the governance modernization and establish a corresponding system. The mediation of administrative litigation is the relationship between judicial power and administrative power. From the perspective of judicial power, it is necessary to realize judicial authority and judicial democracy so as to promote the transformation of modernization. From the perspective of administrative power, we should establish an interactive mechanism between officials and civilians and improve the independent and systematic administrative supervision mechanism.