简论行政诉讼被告资格的构成要件

On the Constitutive Elements of the Defendant's Qualification in Administrative Litigation

行政诉讼被告资格认定问题是长期困扰行政诉讼理论界与实务界的难题。以分层的构成要件来认定行政诉讼被告资格,是一条可行且符合立法本意的路径。在立案阶段,行政诉讼被告符合法定的形式要件,人民法院即应登记立案。到了审理阶段,行政诉讼被告不仅应当具备形式要件,还应当具备主体要件和行为要件,才是适格的被告。

The qualification of defendant in administrative litigation is a difficult problem that has plagued the theoretical and practical circles of administrative litigation for a long time.It is a feasible path that conforms to the original intention of the legislation to determine the qualifications of administrative litigation defendants based on the constituent elements of stratification.At the stage of filing a case,the people's court should register and file the case if the defendant in the administrative litigation meets the statutory formal requirements.At the trial stage,the defendant in administrative litigation should not only meet the formal requirements,but also the subject requirements and behavior requirements,so as to be a qualified defendant.