20世纪后期司法权呈现出明显的扩张趋势,这在大陆法系国家表现尤为明显。我国宪法适应了宪政发展的趋势将司法权从行政权中分立出来,由其依据法律独立行使。从我国宪法规范的应然层面上而言,法院司法权并不从属于行政权,然而,司法权在实然层面上却并非如此。 Judicial power in the late twentieth century showed a clear trend of expansion, which is particularly evident in civil law countries. The constitution of our country has adapted the trend of constitutional development to separate the judicial power from the executive power and to exercise it independently according to the law. Judicial authority of the court is not subordinate to the executive power from the due aspect of our country’s constitutional norms. However, the judicial power is not the same in reality.