行政规范的司法审查

Judicial Review on Administrative Norm

对行政规范进行司法审查是司法权制约行政权的重要方式,也是民主、法治社会的题中应有之义。我国现行的司法审查制度排除了对行政规范的审查,这不利于保护相对人的权益,亦与依法行政的宗旨相悖。故此,应将行政规范纳入司法审查的范围,并从司法审查的方式上进行完善,以期实现司法权对行政权的有效监督。

Judicial review on administrative norm is not only an important way of the restriction on executive power by judicial power, but also an indispensable part of a democratic and constitutional society. The current institution of judicial review in China excludes the review on administrative norm, which is unfavorable to corresponding party and does not accord with the spirit of execution under law. So in order to accomplish the effective review on executive power by judicial power, it is necessary to take administrative norm as one of objects of judicial review and to perfect the means of judicial review.