我国专门法院设置的实证考察与规范控制

中图分类号：D921.1 文献标志码：A

Abstract： China's specialized court system can be categorized into traditional specialized courts and new-type specialized courts. Through an empirical examination of the establishment of specialized courts in China，it has been found that traditional specialized courts face issues of insufficient normative clarity in power allcation， while new-type specialized courts still need to resolve constitutional and legal controversies regarding subject authority，establishment procedures， and geographical distribution. Based on this，it is necessary to construct a constitutional control framework for the establishment of specialized courts，with strict definitions of core elements such as the establishing body and jurisdictional boundaries through normative interpretation. It is necessary to establish a procedural restraint mechanism based on the principle of proportionality，so as to ensure the substantive constitutionality of establishment actions by employing tests of legitimate purpose，necessity of means，and balance of interests. It is necessary to guide the future development of specialized courts by the principle of democratic centralism，so as to achieve an organic unity of judicial specialization and governance modernization，and construct a specialized court system that aligns with constitutional order and meets the demands of the times by strengthening the foundation of democratic legitimacy，ensuring the core role of professional adjudication，and optimizing power allocation and collaborative relationships.

Key Words：specialized courts；establishment of courts；specialized trials；judicial reform；constitutiona control

专门法院制度是我国司法体系的重要组成部分。（剩余15764字）