摘要
民初平政院的行政訴訟裁決書，不僅是近代中國最早的行政判決書，也是作為治理秩序建構者的民初平政院之鮮活而生動的治理宣言書。平政院行政訴訟裁決絕對數量少，但財產類裁決相對數量多。這種「或多或少」的局面，折射著民初政制設計和社會生活的實際，也隱含著平政院的能動選擇與治理取向。平政院行政訴訟裁決書形式簡樸、行文簡潔、說理簡單，同時製作流程較完備、分部形式較齊整、案情羅列較詳細。這種「似簡還繁」的特徵，既保留 了傳統法律文化依戀，又表徵著法制近代化趨向。平政院行政訴訟裁決在北洋政府時期沒有判例效力，且被南京國民政府宣告無效， 但在民初行政審判實踐中，切實具有法律拘束力和實質影響力，且 具有相當程度的獨立性與自主性。這種「若有若無」的狀態，意味 著平政院行政訴訟裁決中蘊含的經驗與智慧具有超越時空的迴響。
The Ping Zheng Yuan’s Judgments were not only administrative litigation judgments, but also fresh and vivid proclamation of governance order constructor in the Early ROC. Ping Zheng Yuan’s Judgments were less in absolute numbers, but relatively more in property case class. This “more or less” situation reflected the reality of political design and social life in that time, and also implied Ping Zheng Yuan’s activity selection and governance orientation. Ping Zheng Yuan’s Judgments shared crude form, concise style, and simple reasoning, while their making process were complete, division were neat, details were listed well. This “simple also tedious” characteristic not only retained attachment to the traditional legal culture, but also characterized a tendency of the legal system modernization. Ping Zheng Yuan’s Judgments had no case-law effect in the Beiyang Government period, and were declared genuine invalidity by the Nanjing Government, but they had real legally binding and substantial influence in the administrative trial practice in the Early ROC. and with a fair degree of independence and autonomy. This “to be or not to be” state meant that the experience and wisdom of Ping Zheng Yuan’s Judgments had shared the echoes beyond time and space.
關鍵詞
民告官、平政院、行政訴訟裁決書、治理秩序、治理智慧
Min Gao Guan, Ping Zheng Yuan, Ping Zheng Yuan’s administrative litigation Judgments, Governance Order, Governance wisdom
