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行政诉讼以权利保障与权利制约为目的,而在我国学界,行政权与司法权的权限界定模糊,出现了二者不和谐的现象,直接影响了行政诉讼功能的充分发挥。行政诉讼司法变更权正是试图协调二者的关系,以期实现行政诉讼应有职能。本文探讨司法变更权的积极价值,希冀对理论研究有所裨益。
Administrative litigation takes the guarantee of rights and restriction of rights as its purpose. However, in our academic circles, the definition of the authority of executive power and judicial power is ambiguous, and the phenomena of discordance between the two have a direct impact on the full exertion of administrative litigation function. The judicial change power of administrative litigation precisely tries to coordinate the relationship between them so as to realize the proper function of administrative litigation. This article explores the positive value of the power of judicial change and hopes to benefit from theoretical research.