行政司法上诉机制建立于澳门特别行政区回归前,它是保障澳门居民权利和自由的重要手段,也是澳门特别行政区政府贯彻依法行政的重要保证。然而,行政司法上诉机制至今仍然存在着不少的问题,如必要诉愿的刚性削弱了司法监督力,行政司法上诉机制的性质过于狭窄,规制行为监督力不足,独立规章不符合法律先立原则,政治监督过强,以行政法规废止法令、违反合法性原则,行政诉讼原则着重形式多于实际等。回归后,澳门特别行政区经济发展迅速,行政行为因而变得越来越错综复杂,完善行政司法上诉机制就成为澳门特别行政区的一个重要课题。 The establishment of the administrative appeal mechanism for judicial proceedings before the reunification of the Macao Special Administrative Region is an important means of safeguarding the rights and freedom of Macao residents. It is also an important guarantee for the government of Macao Special Administrative Region to carry out the administration according to law. However, there are still many problems in the administrative judicial appeal mechanism. For example, the rigidness of the necessary appeals weakens the judicial supervision power, the nature of the administrative judicial appeals mechanism is too narrow, the regulatory supervision power is inadequate, the independent regulations do not accord with the principle of law first, Political oversight is too strong, administrative decrees are repealed, violation of the principle of legality, and the principle of administrative litigation are more focused than actual ones. After the handover, the Macao Special Administrative Region enjoyed rapid economic growth and its administrative actions became more and more complicated. Improving the administrative judicial appeal mechanism has become an important issue for the Macao Special Administrative Region.