我国的行政法规、规章等高层次规范性文件没有明确纳入司法和行政复议审查的范围。现实中,对它们的监督很不到位,行政相对人的合法权益被侵害却得不到救济。笔者对行政法规、规章等高层次规范性文件进行分析后,建议将其纳入行政复议审查范围,以更好的保护权利、监督权力。 China’s administrative regulations, rules and other high-level normative documents did not explicitly included in the scope of judicial and administrative reconsideration review. In reality, the supervision over them is not in place. The legitimate rights and interests of the counterparts in the administration are violated but no relief is obtained. After analyzing the administrative regulations, rules and other high-level normative documents, the author suggests that they should be included in the review scope of administrative reconsideration in order to better protect their rights and supervise their power.