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行政诉讼中,法院对行政机关认定的案件事实、法定程序以及法律结论的司法审查是法院审理行政诉讼案件的重要工作。在司法实践中,各国相关的司法审查标准有一定差别,或宽松、或严格。我国相关法律制度虽粗具规模,但存在不足之处。借鉴他国成功经验,建立适度的行政诉讼司法审查标准是改善现行法制不足的较佳选择。
In the administrative lawsuit, the judicial review of the facts, legal procedures and legal conclusion affirmed by the administrative organ by the court is an important work of the court in handling administrative litigation cases. In judicial practice, there are some differences between the relevant judicial review standards in various countries, either loosely or strictly. Although the relevant legal system in our country is rather large in scale, it has some shortcomings. Drawing on the successful experience of other countries, establishing a moderate standard of judicial review of administrative litigation is a better choice to improve the current legal system.