非诉讼标的行政行为是指与诉讼标的相关的具体行政行为的一种证据载体。它在诉讼中可以起到直接影响审判机关对诉讼标的作出认定和判决的依据作用。如民事判决中作为证据使用的房屋权属证书。在司法实践中.一般情况下.审判机关不会对这种非诉讼标的行政行为本身的合法性作出认定,但会作为对诉讼标的作出判决的一种理由和依据。那么,当事人如果发现审判机关将非诉讼标的行政行为作为判决的理由和依据有误,能否提起行政复议,由复议机关撤销、变更或责令重新作出具体行政行为呢?由于法律对此没有明确规定,因而导致当事人司法救济的途径至此全部阻断.使当事人的合法权益得不到保障。对此,笔者认为应通过立法程序完善这种司法救济的缺陷,理由如下:一、从证据与司法审判的关系分析。由于审判机关局限于 The non-litigation subject administrative act refers to an evidence carrier of the specific administrative act related to the litigation subject. In litigation, it can play a direct role in judging and judging the subject of litigation by judicial authorities. Such as civil judgments as evidence of the use of housing ownership certificate. In judicial practice, under normal circumstances, the judicial organ will not make any determination on the legitimacy of such non-litigious administrative act itself, but it will serve as a justification and basis for judging the litigation subject. Then, if the parties find that the judicial organ has the non-litigation subject administrative act as the basis and basis of the judgment, can it file an administrative reconsideration and be revoked or changed by the reviewing organ or be ordered to make a specific administrative act again? Because the law does not clearly stipulate this , Thus leading the parties to judicial relief all blocked so far, so that the legitimate rights and interests of the parties can not be guaranteed. In this regard, I believe that this legal remedy should be perfected through legislative procedures for the following reasons: First, from the analysis of the relationship between evidence and judicial trial. As the trial authorities limited to