德日两国起诉（不）停止执行原则之比较

基于不同的法制背景和价值衡量,各国立法对行政诉讼法中起诉是否停止问题采取了两种对立的立场,其中以德国的起诉停止执行原则和日本的起诉不停止执行原则最具代表性。通过对德日两国起诉（不）停止执行原则在理论基础、具体内容方面的比较分析,得出结论：德国的起诉停止执行原则更具合理性。

Comparison of the Principles of Prosecution and Prosecution Suspension between Germany and Japan

Based on the different legal system backgrounds and the value codes, most countries＇ legislation institutes adopt two kinds of opposite standpoints on the judicial issue of whether to suspend lawsuit in the judicial course. Among them, Germany＇s principle of prosecution suspension and Japanese principle of prosecution are the two typical modes. Through the comparative analysis on the execution principles of whether to suspend lawsuit between Germany and Japan from the angle of supporting theory and the actual content, we think Germany＇s practice is more rational. We think our country should draw on the experience of Germany and transfer our current practice principle from prosecution to prosecution suspension.