行政诉讼类型研究

The Administrative Litigation Type Studying

行政诉讼类型是行政诉讼法学理论的重要组成部分。在借鉴国外行政诉讼类型合理因素的基础上,结合我国行政诉讼的实践,我国的行政诉讼可以依提起诉讼的当事人和当事人提出的诉讼请求的内容不同为标准来进行分类。根据提起诉讼的当事人不同,行政诉讼分为行政相对人诉讼、其他利害关系人诉讼、公益诉讼和机关诉讼。根据当事人提出的诉讼请求的内容不同,行政诉讼分为形成诉讼、给付诉讼和确认诉讼,其中形成诉讼包括撤销诉讼和变更诉讼,给付诉讼包括课予义务诉讼和一般给付诉讼,确认诉讼包括积极的确认诉讼和消极的确认诉讼。

The administrative litigation type is an important component of the law science theory of administrative litigation. On the basis of drawing lessons from rational factor of the foreign administrative litigation type , combine practice of administrative litigation of our country, the administrative litigation of our country can be classified for the standard different from the contents of claims which the party puts forward in accordance with the party litigating. Different according to parties litigating, administrative litigation is divided into for administration's relative people's lawsuit , other interested party's lawsuits , public service lawsuit and organ's lawsuit. Different according to the contents of claims which the party put forward, administrative litigation is divided into and formed the lawsuit, paid the lawsuit and confirmed the lawsuit, form lawsuit is it cancel lawsuit and change lawsuit to include , pay lawsuit including lesson give obligation lawsuit and generally pay the lawsuit among them, confirm the lawsuit includes the positive affirmation lawsuit and passive affirmation lawsuit.