摘要
本文认为,行政权和司法权是分工合作、监督制约的关系,两者关系的定位是重作判决立法的重要考量,亦应是重作判决司法适用的判断依归。人民法院在厘清两者关系的同时,应充分发挥司法能动性,加强对行政权的监督和制约,注重行政诉讼重作判决的适法统一。
Executive power and judicial power are working in division of labor and in cooperation,meanwhile supervising and restricting each other.The positioning of the relation between the two powers is an important consideration in the legislation of rejudgments,and is also the criteria in the judicial application of re-judgments.With clarifying the relation between the two powers, People＇s Court should give full play to the judicial activity,strengthen the supervision and the restriction of executive power,and attach importance to the unification of judicial application in administrative litigation re-judgments.
出处
《行政与法》
2013年第11期88-92,共5页
Administration and Law
关键词
司法权
行政权
重作判决
撤销判决
司法适用
judicial power
executive power
re-judgment
reversal of judgment
judicial application
