我国应加紧将惯例引入行政审判依据体系,确立“参照”惯例制度。这一做法不仅有宪法、法律和司法解释依据,而且有利于保持行政与司法“依据”的应然一致性,便于将惯例纳入司法审查,拓展以“平等权之诉”为代表的行政诉讼受案范围。参照惯例的条件是惯例合法有效。惯例的适用性审查不以原告申请为前提,“参照”的内涵为“裁判依据引用”而非“裁判理由引述”。当下行政诉讼制度设计中的“一并请求审查”、“向处理机关提出处理建议”、审判依据体系、司法认知、涉外行政诉讼等条款中应融入惯例地位、功能等内容。 Our country should step up the introduction of practice into the system of administrative trial basis and establish the “reference ” system of practice. This practice not only has the basis of constitution, law and judicial interpretation, but also helps maintain the consistency between administrative and judicial bases and facilitates the incorporation of practices into judicial review, as well as the development of “litigation of equal rights” Of the scope of the administrative proceedings. The usual practice is that the conventions are lawful and valid. The applicability of the practice is not examined on the basis of the plaintiff’s application. The meaning of the “reference” is “the referee relies on the reference” instead of “the referee’s reason”. At present, the design of administrative litigation system should include such aspects as the common request review, the proposal of handling suggestions to handling organs, the trial basis system, judicial cognition and administrative litigation involving foreign entities.