行政案件司法审查适时性问题研究

On Timely Judicial Review of Administrative Cases ——Concerning Power Relationship in Administrative Litigation

行政案件起诉审查制度是司法权与行政权的联结点,对当事人的起诉进行审查并决定是否受理时,必须遵循司法审查适时性三原则,即初审权原则、穷尽行政救济原则和成熟原则,妥当处理司法权与行政权的关系,以规范权力行为,保障公民权利。司法审查适时性问题的实质是协调行政权与司法权之间的关系,实现行政法制监督法律关系中这两种国家权力行为的规范化。司法审查的时机是否适宜,对行政诉讼中司法权与行政权这一基本关系具有深刻的影响,与公民权利的保障直接相关,解决这一问题,必将推动我国行政诉讼制度健康发展。

The examination system of administrative accusation is a joint between judicial power and administrative one. Three principles of timely judicial review, the first trial power, the end of administrative relief and the ripe for judicial review, should be followed when judges examine the accusation of parties, in order to correctly deal with the relation of powers for regulating the power act and protecting the citizen's rights. The essence of timely judicial review is to coordinate the relation between the executive power and judicial power, and to realize the standardizations of these two kinds of state power behaviors in administrative legal supervisory system. Seeing that the timely judicial review on administrative behavior produces a great impact on the basic relation between administrative and judicial power and directly correlates with guarantee of citizen's rights, to solve this problem shall promote the system of administrative litigation of our country to develop in a healthy way.