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现行立法对法院适用法律的不正当约束将逐步摒弃,法律适用的本质规律也将逐渐得到尊重,法院的法律规范审查权将会在不久的将来恢复。行政诉讼法律适用问题才会得以真正解决。行政诉讼法律适用问题在某种意义上来说已经不仅仅是一个行政法与行政诉讼法的问题,可以说是一个立法、宪政问题。文章将从法律规范审查的角度来构建行政诉讼法律适用问题的解决之道。
The current legislation will unfairly restrict the law applicable to the court, and the essential laws governing the application of the law will gradually be respected. The review power of the court’s legal norms will be resumed in the near future. Administrative litigation law will be able to solve the problem. In a certain sense, the problem of the application of administrative litigation law is not only a question of administrative law and administrative litigation law, but also a question of legislation and constitutional government. The essay will build a solution to the problem of the application of law in administrative litigation from the perspective of legal norms examination.