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新修订的《行政诉讼法》针对“立案难”对行政诉讼的受案范围进行了扩大。用“行政行为”取代“具体行政行为”并且规定对一定范围的行政规范性文件可请求附带审查。随着范围逐渐扩大,我们要思考的问题便是行政行为司法审查强度问题。也即当案件进入了行政诉讼法过程中,人民法院对行政行为的审查如何进行,对行政行为审查程度的界限是什么?是实行全面的法律问题审查和事实问题审查抑或是区分二者审查强度。作者认为应该区分二者的审查强度,这不仅是法治发展的需要,也有利于在行政诉讼中协调行政权和司法权的关系使二者充分发挥其功能。
The newly revised “Administrative Procedure Law” is aimed at expanding the scope of acceptance of administrative proceedings against the “difficulty of filing a case”. Substitute “Specific Administrative Conduct ” with “Administrative Conduct ” and provide for ancillary reviews for a range of administrative normative documents. With the gradual expansion of the scope of the issue we have to consider is the intensity of judicial review of administrative acts. That is, when the case has entered the process of administrative procedure law, how the people’s court examines the administrative act? What are the limits of the examination of the administrative act? Is it a comprehensive review of the legal issue and factual issues or a distinction between the two examined strengths . The author thinks that it is necessary to distinguish between the strength of the two examinations, which is not only the need of the development of the rule of law, but also conducive to the administrative rights and the judicial power in the administrative litigation so that the two give full play to their functions.