在任何一个现代国家的权力配置体系中,立法权、行政权与司法权必然同时运行。为保证权力的正常运转,防止权力的败坏和滥用,各项权力之间必须相互制衡。其中,司法机关透过个案,对行政权进行制约。立法机关通过制定法律的形式规范司法权。行政权和司法权各守其道,互不干涉。以《行政诉讼法》《刑事诉讼法》《法院组织法》为代表的 In any modern country’s power allocation system, legislative power, executive power and judicial power are bound to operate at the same time. In order to ensure the normal operation of power and to prevent the corruption and abuse of power, the various powers must be checked and balanced with each other. Among them, the judiciary through the case, the executive power constraints. Legislature regulates judicial power by formulating laws. The executive and the judiciary will keep their own terms and will not interfere with each other. To “Administrative Procedure Law” “Criminal Procedure Law” “Court Organization Law” as the representative