中国宪政架构下的行政权与司法权关系之重构

Reconstruction of the Relationship between Executive Right and Jurisdiction within the Framework of Constitutional Government in China

宪政的基本理念在于限制权力 ,保障人权。依法治国 ,实现行政法治 ,迫切需要强化司法权对行政权监督与制约的力度。这是行政法进一步发展对宪政所提出的深刻挑战 ,也是行政权与司法权关系重构的核心问题。从中国现行宪政体制出发 ,建立中国式的司法审查制度 ,以此重构行政权与司法权之间的关系 ,方能更好地保障公民的诉权 ,实现民主政制。

The basic idea of constitutional government lies in limiting power and securing human right. To govern state with law needs the improvement of supervision and control over administrative right. This is a deep challenge to the Constitution by the development of administrative law as well as the core in the reconstruction in the relationship between executive right and jurisdiction. The construction of judicial examination and the reconstruction of the relationship between executive right and jurisdiction enable the civil right of lawsuit secured and the democratic governance realized.