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司法审查一词源于英美法系,也称司法复审,通常是指国家普通法院解决行政争议的法律制度.它是审判机关的重要职权活动。在我国,随着行政诉讼法的发布、实施,研究和把握司法审查的对象显得至关重要。笔者试从理论与实践相结合角度就我国司法审查的对象作一探讨.一、司法审查对象的涵义所谓司法审查的对象,按通常的理解,是指法院依法行使审判权所针对的行政机关的行政行为。世界各国由于国情不同,确定司法审查对象的具体条件和内容也不尽相同。例如美国等三权分立制国
The term judicial review originates from the Anglo-American law system, also known as judicial review, which usually refers to the legal system of the state ordinary courts in settling administrative disputes, and it is an important authority activity of judicial organs. In our country, with the release of administrative procedure law, it is very important to carry out, study and grasp the object of judicial review. The author tries to discuss the object of judicial review in our country from the perspective of the combination of theory and practice.First, the meaning of judicial review object The so-called judicial review of the object, according to the usual understanding, refers to the court to exercise the jurisdiction of the administrative organ Administrative behavior. Due to the different national conditions in various countries in the world, the specific conditions and contents of the object of judicial review are also different. For example, the United States and other three countries have separate powers