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不论在对三权分立制度持认可或拒斥态度,立法、司法和行政三种权力的存在都是客观的,但对于三权之间的权限划分往往会步入认识的误区,想当然地认为三权是绝对地各自独立的,然而事实上,三权之间从来没有过绝对的区分,三权之中有部分全能的相处交叉与穿插。其中,立法机关具有一定的司法职能是由来已久的,但是为何又要赋予立法机关一定的司法职能并加以限制,立法机关的司法职能的边界和权限在哪里,应该是一个值得给予恰当注意的问题。
Regardless of the attitude of recognition or rejection of the system of separation of powers, the existence of the three powers of legislation, administration of justice and administration is objective. However, the division of powers between the three powers tends to go into the misunderstanding of understanding, taking for granted that the three Absolute power is absolutely independent. However, in fact, there has never been an absolute distinction between the three powers. Some of the three powers are interdependent and interspersed. Among them, the legislature has a certain judicial function for a long time, but why it must be given certain legislative functions and restrictions on the legislature, and the boundaries and powers of the legislative functions of the legislature should be given due diligence problem.