行政诉讼中有限司法变更权之检讨

Criticism of Limited Judicial Variation in the Administrative Litigation

行政诉讼中赋予法院的司法变更权曾发挥了重要的作用。但随着我国法治建设的深入发展,在司法实践中,行政诉讼的有限司法变更权的缺陷逐渐凸显。在通过对司法变更权的法理分析的基础上,提出合理拓宽司法变更权的适用范围。

Judicial variation empowered to the court has played an important role in the administrative litigation, But with further development of the construction of rule of law in China, limited judicial variation in the administrative litigation gradually shows its drawbacks. This thesis puts forward rationally expanding applicable scope of judicial variation based on jurisprudential analysis of limited judicial variation.