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在我国,司法变更权实际上是国家权力机关以法律的形式赋予人民法院的职权,是国家权力的具体配置。目前我国行政诉讼的司法变更权适用范围过窄,扩大行政诉讼司法变更权有利于充分保障相对人的合法权益,实现对行政权的全面监督,是依法行政、建设社会主义法治国家的需要。
In our country, the power of judicial change is actually the authority given by the state authority to the people’s court in the form of law, which is the specific allocation of state power. At present, the scope of application of judicial power of change in administrative litigation in our country is too narrow. To expand the power of judicial power of administrative litigation is conducive to fully guaranteeing the legitimate rights and interests of relative people and realizing the overall supervision of administrative power. It is the need of administering the country according to law and building a socialist country ruled by law.