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我国司法权对行政权的监督与制约,主要是通过人民法院对具体行政行为的司法审查来实现的。由于我国行政诉讼没有对合理性标准予以足够的重视,行政诉讼法对事实问题的审查规定了一个宽泛的标准,因而,实践中法官经常面临难以判断事实问题与法律问题的困境。为此,法院对事实问题的审查应采取不同于法律问题的审查标准,应进一步确定行政诉讼事实问题审查的具体标准,根据判决种类,确定对事实问题的审查强度,只有这样,才能充分保障公民的诉讼权利,真正实现依法行政。
The supervision and restriction of the judicial power over the executive power in our country are mainly realized through the judicial review of the specific administrative action by the people’s court. Due to the fact that administrative litigation in our country does not pay enough attention to the standard of reasonableness, the administrative procedure law provides a broad standard for the examination of factual issues. Therefore, in practice, judges often face difficulties in judging factual issues and legal issues. Therefore, the court should review the factual issues differently from the legal standards, and further determine the specific standards for the review of the administrative litigation factual issues. According to the types of judgments, the strength of the examination of factual issues should be determined. Only in this way can the citizens be fully protected The right to litigation, the real realization of the administration according to law.