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一、前言:行政法院建制沿革不同于民事、刑事诉讼,行政诉讼的主要形态为民告官。中国历史上虽有御史、督察等机构纠察施政缺失、辨查民冤,但出发点是以皇令执行、整饬朝纲为目的,而非基于权力分立、国家归责及人权保障之理念。行政诉讼制度是近代立宪国家出现后的产物。[1]台湾地区自实行行政诉讼制度以来,历经多次修“法”及体制变革,兹择要简述如下。
First, the preface: the administrative court system Evolution Unlike civil, criminal proceedings, the main form of administrative litigation for the public. Although there is a history of censorship in the history of China, the Inspectors and other agencies lack of publicity and public opinion, but the starting point is that the imperial order should be enforced and the order should be rectified, not based on the concept of separation of powers, state responsibility and protection of human rights. Administrative litigation system is the product of the emergence of modern constitutional state. [1] Since the implementation of the system of administrative litigation in Taiwan, after going through several rounds of “law” and institutional changes, it is necessary to briefly summarize the following.