我国现行行政诉讼被告确认规则之反思

The Reflection of the Practical Rule of the Confirmation of Administrntive Litigation Defendant

我国行政诉讼“谁主体,谁被告”的确认规则资格不管从理论上还是从实践上讲都存在着较大的缺憾。确立“谁行为,谁被告”规则,恢复被缩小的行政诉讼受案范围,保护行政诉权。

It is generally view that the practical rule of the confirmation of administrive litigation defemdants is “who is the administrative subject who is the administrative litigation defendants.”But but there has been defects and flaws in the rule. So it is necessary to reflect the rule to provide the theoretical support of the new rule of the confirmation of administrative litigation defendant.