Abstract: The scope inconsistency of the administrative review and administrative litigation has led to that some of the executive power can not be effectively supervised by the judicial power This irrational phenomenon is manifested in the present laws and regulations in China, as that there are three categories of cases are not within the scope of judicial review The deficiency in the scope of the administrative litigation will lead to the unlimited expansion of executive power, because power without supervision will lead to the abuse of the power However, the establishment of rule of law as strat - egy of government and the system of power control mean that there should be a balance among the powers, and that jud-i cial power is bound to supervise the administrative power In order to effectively achieve the supervision of the judicial power over the administrative power, the scope consistency of the administrative review and legal review should be rea-l ized