美国“积极行动”的司法审查评析

为改善少数种族、妇女等社会弱势群体的地位，美国制定了“积极行动”政策。但这一政策在实施中引发了激烈的争论并最终导致司法的介入。美国最高法院在司法审查中，对私人主体和公共机构适用宽严不一的审查标准．在审查结构上适用两层检验法，法院首先对积极行动的目的进行评估，其次是时达成这一目的的手段的正当性进行检验．其中的一些理念对我国有若干可资借鉴之处。

AN ANALYSIS OF JUDICIAL REVIEW OF AFFIRMATIVE ACTION IN AMERICA

In order to ameliorate the position of some weak groups in society such as the minority and women, affirmative action policy was introduced in America. But its implementation evoked hot debate and finally brought about judicial intervention. By means of generalizing the related decisions of U.S Supreme Court, we can find that in judicial review, different standards of review were applied to private unities and public organs, the structure of judicial review is two-prong inquiry. Firstly, a court evaluates the affirmative action policy＇s purpose. Secondly, the appropriateness of the means to reach this purpose is tested. Some of the notions may serve as reference for China in the future.