我国现行的行政诉讼制度存在诸多缺陷,导致行政诉讼的功能未能充分发挥,有必要通过制度变革加以完善。应该设立行政法院,切实保证行政审判的独立公正;将行政机关之外行政诉讼被告的表述,从“法律、法规授权的组织”变更为“其他承担行政任务的主体”;将部分行政规范纳入行政诉讼的受案范围;强化法院对行政裁量与行政解释的审查力度。 The current system of administrative litigation in our country has many defects. As a result, the functions of administrative litigation have not been brought into full play, and it is necessary to perfect it through institutional reform. The administrative court should be set up to ensure the independence and impartiality of the administrative trial; the representation of the defendant in administrative litigation outside the administrative organ should be changed from “the organization authorized by laws and regulations” to “the main body responsible for other administrative tasks”; and the part Administrative norms into the scope of the case of administrative litigation; strengthen the court review of administrative discretion and administrative efforts.