行政诉讼法律关系若干问题之研究

行政诉讼法律关系应包括法院和行政诉讼参与人之间的行政诉讼权利义务关系及行政诉讼参与人相互之间的行政诉讼权利义务关系。行政诉讼法律关系在主体、内容、客体等要素方面具有自身的特殊性。行政审判权力与行政诉讼权利既有区别又有联系的关系成为整个行政诉讼法律关系的中心和枢纽。研究行政诉讼法律关系,有助于正确理解和掌握行政诉讼法律规范的精神实质,有助于人民法院正确行使行政审判权,有助于引导行政诉讼参与人正确地行使诉讼权利和履行诉讼义务。

On Some Problems in the Legal Relation of Administrative Litigation

The legal relation of administrative litigation should include both the relationship of rights and obligations between the court and the participants of administrative litigation and that between the participants. The legal relation of administrative litigation has its own peculiarity in such aspects as the subject, content, object and etc. That administrative judiciary power and administrative right to sue are different yet related has become the central point in the entire legal relation of administrative litigation. A research into such legal relation is conducive to a correct understanding of the essence of legal regulations, to the proper execution of judiciary power on the court's part, and the practice of rights and obligations on the participants' part.