行政诉讼类型化探析

行政诉讼的类型化，直接关系到对行政诉讼原告诉权保护的广度和深度。我国没有确立行政诉讼类型，忽略了行政诉讼类型与行政诉讼判决之间的区别。针对我国行政诉讼类型的种类缺乏且范围狭窄的现状及弊端，借鉴国外行政诉讼类型法定化和分类标准及结合我国国情，构建我国行政诉讼类型为撤销之诉、确认之诉、给付诉讼、公益诉讼、机关诉讼和当事人诉讼。

The Exploration of Administrative Lawsuit Assorting

Assorting of administrative lawsuit has become a trend in administrative lawsuit system since the 20th century. It affects the protection of accusers in lawsuit greatly. In China, lack of assorting of administrative law and of the distinction between the types of lawsuit has lasted for a long time. This modus operandi has made a logic mistake, converting the reason and result. It has overlooked the difference between the types and adjudication in administrative lawsuit. Research on those problems is always restrained by the rule of actualization in standing law, lacking in consideration of its reasonable quality. According to the status quo that types of administrative lawsuit is inadequate and the scope is narrow, borrowing some assorting standards in foreign countries on the basis of our own situation, this thesis tries to reconstruct the administrative lawsuit assort after analyzing the basic experience in our country＇s administrative lawsuit adjudication types.