中文摘要：

现行法律规范并未为诉讼外化解行政权与司法权之间的＂碰撞＂提供直接的制度支撑。究其根源在于,我国宪法缺乏对处理诉讼外行政权与司法权关系的顶层设计,并且已有条款关涉的＂伏势＂制约机理,存在嵌入新场域的难度。经深入分析发现：当前权力的宪法构造具有历史局限性,与当下法治的现状并不契合,而且,当下我国已经具备构造诉讼外权力关系的基础与条件。因此,应当将诉讼外两者之间的关系纳入宪法关怀的视野,并应以＂互相配合,互相制约＂宪法精神加以指引。基于此,进一步探究诉讼外行政权尊重司法权的限度,并提出通过架构诉讼外导向性机制,以确保诉讼外两种权能运转良态化。

英文摘要：

The current law does not provide the direct supporting system to resolve the collision between judicial power and executive power outside the lawsuit,the primary cause is the lack of the top designation about the relationship between executive power and judicial power in our constitutional law,and it is difficult to embed the new domain about the existing provisions relating to the fluctuating restriction mechanism.After thorough analysis,we find that the constitution structure of current power has historical limitation,which does not coincide with the status of the law.At the same time,our country already has the basis and condition to establish the power relations.Therefore,the constitution law should care the relationship between judicial power and executive power outside the lawsuit,and they should cooperate and restrict each other with the guidance of the constitutional spirit.In order to ensure it works smoothly,we should further explore the limitation on executive power respecting the judicial power,and put forward to guidance mechanism.