行政区划调整问题的法学思考

由四川省一起行政区划调整纠纷引申出法学领域的两个重要问题——行政区划调整的法律性质如何界定和行政区划调整是否属于行政诉讼受案范围。对于这两个问题，目前学术界鲜有研究。为此，界定了行政区划调整的法律性质。经过详细论证，认定行政区划调整不属于具体行政行为，而属于国家行为。其次，基于国家行为的不可诉性，行政区划调整不属于行政诉讼的受案范围。

Considerations on the Regulation of Administrative Division from the Perspective of Law

From one dispute about regulation of administrative division that happened in Sichuan province , we propose two important legal questions. One is the legal nature of regulation of administrative division and the other is how to decide whether it is included in the scope of administrative litigation. There is little research available on the two problems. In this paper, the author first considers the legal nature of regulation of administrative division. After detailed demonstration, the author thinks that regulation of administrative divisions does not belong to concrete administrative actions but national actions. Secondly, because national actions can not be prosecuted, the regulation of administrative division does not fall in the scope of administrative litigation.