从“中国听证革命第一案”乔占祥个案说起,考查法院怎样通过修辞技术,将看似排除在行政诉讼受案范围之外的诉讼请求纳入司法的权力范围,从而在事实上实现了对行政诉讼受案范围的扩展;另据两起著名的高等教育行诉个案来加以说明,司法权在行政诉讼领域中的实质性扩张并非一帆风顺,而是必然受到现实条件的种种制约,因而面临较大的不确定性的困扰,解决这一问题的最终出路是要诉诸于行政诉讼法的修改。 Speaking from the case of “Qia Zhanxiang”, the first case of “China Hearing Revolution”, we examined how the courts, through rhetorical techniques, implemented the claims that appeared to be excluded from the scope of the administrative proceedings to be included in the scope of judicial power. On the extension of the scope of the cases accepted by administrative litigation, according to two well-known cases of cases of higher education, the substantive expansion of judicial power in the field of administrative litigation is not easy but is bound to be restricted by the actual conditions and thus facing Big uncertainty, the ultimate solution to this problem is to resort to the amendment of the Administrative Procedure Law.