论文部分内容阅读
行政诉讼审查标准是指法院对被诉行政行为进行司法审查的范围和程度。这一问题涉及到司法权与行政权关系的正确定位和行政诉讼制度的健康发展。然而,由于司法审查的标准十分复杂,不论在我国还是西方较为发达的法治国家,对此研究并不深入。WTO对司法审查设定了许多原则性的标准。从我国切实履行WTO义务的角度考虑,应当以WTO规则为指导来确立和完善我国行政诉讼的审查标准。
The standard of administrative litigation review refers to the extent and extent to which the court conducts judicial review of the litigation-related administrative act. This issue involves the correct positioning of the relationship between judicial power and administrative power and the healthy development of administrative litigation system. However, as the standards of judicial review are very complicated, the research in this field is not deep either in our country or in the more developed western countries. The WTO sets many standards of principle for judicial review. From the perspective of our country’s fulfillment of WTO obligations, we should establish and improve the review standards of administrative litigation in our country under the guidance of WTO rules.