论司法对社会公权力的介入和规制

Judicial Intervention and Regulation on the Social Public Power

随着行政机关职能转变以及服务政府、有限政府理念的更加深入,越来越多的公权力转移到社会公共行政组织手里,并由其管理和行使。为防止社会公权力滥用对社会成员的侵犯,将其纳入行政诉讼司法审查范围,为相对人提供应有的司法救济,就显得十分必要。

With the change of administrative functions and the deep-going of the ideas of the service government and the limited government,more and more public power has been transferred to the hands of the public administrative organizations.In order to prevent the social public power violating the social members,it is necessary to fit the social public power into the scope of administrative litigation's judicial review,and to provide the judicial remedy for the counterpart.From the angle of the judicial intervention and regulation on the social public power,this paper will review the current status and existing problems of the system of China's judicial review,inspect the overseas practice related to this subject,and offer a proposal to the system architecture of the judicial review's intervention into the social public power,and hope that it will be beneficial to the development and improvement of the system of China's administrative litigations' judicial review.