行政规定作为行政机关作出具体行政行为的依据之一却并非正式的法律渊源,不能直接作为行政案件的审理依据。行政规定具备的附条件的法律效力使其在行政案件得以限制性适用,有别于法律、法规和规章。行政规定的司法适用以司法审查为前提,这种审查应遵循附带性审查原则、合法性审查原则和有限的合理性审查原则,通过审查行政规定是否越权、内容是否与上位法相抵触、制定程序是否合法等判断其合法性。对于违法的行政规定,法院有权拒绝适用、作出违法性评判、提出司法建议,以维护法制统一。 Administrative regulations as one of the bases for the administrative agencies to make specific administrative actions are not formal sources of law and can not be directly used as the basis for administrative cases. The conditional legal effect possessed by the administrative provisions makes it possible to restrict their application in administrative cases differently from the laws, rules and regulations. Judicial review of the administrative provisions of the premise of the premise, this review should follow the principle of incidental review, the principle of legality and the principle of censorship of limited review by reviewing whether the provisions of ultra vires, the content is inconsistent with the upper law, the development process is whether Legitimacy to judge its legitimacy. As to the illegal administrative provisions, the courts have the right to refuse to apply, to make judgments of illegality and to put forward judicial suggestions so as to safeguard the unification of the legal system.