WTO协议司法审查原则与行政诉讼检察监督之回应

Response to the Judicial Review Principles of WTO Agreement and the Prosecutorial Supervision of Administrative Litigation

根据WTO司法审查原则,我国人民法院对行政行为的审查范围、审查标准和审查依据等方面都 与目前《行政诉讼法》的规定有不同之处。因此,检察机关应当针对入世后行政诉讼的这些变化 及时应对,为未来进一步完善行政诉讼检察监督工作做好准备。

There exist inconsistencies between the judicial review principles of WTO and those of the existing Administrative Procedure Law, especially in the scope, standards and legal basis of examinations by the People's Court on administrative behaviors. Therefore, the prosecutorial organizations should take some timely measures to deal with the changes in the administrative litigation after China' s WTO accession so as to further improve their prosecutorial supervision of administrative litigation.