我国现行的行政再审程序启动主体是由当事人、法院和检察院组成的“三元化”的立法模式。然而,法院和检察院依职权主动启动再审程序,不仅在立法方面存在严重的缺陷,而且严重地违反了私权自治和当事人的处分权。基于此,笔者认为应当废除法院和检察院发起再审的权力,构建以当事人为一元主体的行政再审启动制度。 The starting subject of the current administrative review proceedings in our country is the “three-element” legislative model composed of parties, courts and procuratorates. However, the courts and procuratorates take the initiative to initiate the retrial procedure ex officio, which not only has serious defects in legislation but also seriously violates the autonomy of private rights and the disposition rights of the parties concerned. Based on this, I believe that the court and procuratorate should abolish the power to initiate a retrial, and establish a system of initiation of administrative retrial with the parties as a unit.