Of course, the people's court's judicial review power can also be exercised in administrative compensation proceedings. It can be seen that the People's Court, as a legal subject that enjoys the power of judicial review, cannot exercise judicial review power on the activities of administrative agencies outside of administrative litigation procedures. Since administrative litigation occurs due to the plaintiff's lawsuit, in terms of the way in which the people's courts exercise their judicial review power, the judicial review power enjoyed by our country's people's courts is a passive judicial review power and cannot and should not proactively conduct judicial review . This is the basic limit of the jurisdiction of judicial review in our country.
4. In our country, the power basis of judicial review power is different from the separation of powers system in capitalist countries.
The existence of the power of judicial review is not based on the nature of the power, but is established based on the express provisions of the law. Therefore, the connotation of judicial review power in my country is relatively clear. Where the law does not expressly stipulate the content of judicial review power, the People's Court shall not arbitrarily expand its interpretation of the legal subject of judicial review power. For example, Article 5 of the Administrative Litigation Law stipulates that when hearing administrative cases, the People's Court shall review the legality of specific administrative actions. Therefore, the judicial review power enjoyed by the People's Court can only review specific administrative actions made by administrative agencies. , instead of reviewing all administrative actions, so the judicial review power enjoyed by the People's Court of our country is a limited judicial review power.
5. The main function of the People’s Court of my country in exercising judicial review power is its supervisory function, rather than restricting the administrative power of administrative agencies.
Because firstly, the judicial review power of the people's courts can only be exercised in accordance with the law; secondly, the "Administrative Litigation Law" stipulates that the people's courts must be based on administrative regulations when hearing administrative cases. It can be seen from this that the People's Court's exercise of judicial review power must still be based on the administrative regulations formulated by the State Council, the country's highest administrative organ. If the judicial review power enjoyed by the people's courts is regarded as a restriction of the judicial power of the people's courts on the administrative power of administrative agencies, then administrative regulations should not be used as the basis for the people's courts to hear administrative cases. Therefore, in the final analysis, the legal relationship of judicial review in our country is still a legal supervision relationship, which is the legal supervision of the legality and rationality of administrative activities of administrative agencies by the people's courts in accordance with the law, rather than a restrictive relationship between judicial power and administrative power.