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《中华人民共和国行政诉讼法》(以下简称《行政诉讼法》)自1990年10月1日实施以来,已三年有余.其理论、实践均日益走向成熟;但丰富的实践在不断提出亟待解决的理论问题,对这些新理论问题的探讨、解决,必将会有力地推动行政审判工作的顺利进行.下面,笔者试图对自己在审判实践中遇到的理论问题作一归纳,以期收到抛砖引玉之效.一某生产队与林场发生果园权属争议,县政府作出处理后,生产队里大部分社员不服,要求向法院起诉;作为生产队法定代表人的队长及少数社员则服从处理,不愿打官司,队长也不愿委托其他人来打官司.于是,不服县政府处理的社员,便自选代表,向法院提起
The Administrative Procedure Law of the People’s Republic of China (hereinafter referred to as Administrative Procedure Law) has been in operation for more than three years since its implementation on October 1, 1990. Its theory and practice are increasingly becoming mature. However, rich practice is constantly being put forth for solution Of the theoretical issues, to explore and solve these new theoretical issues will surely promote the smooth progress of the administrative trial.Following, the author tries to summarize the theoretical problems he encountered in the trial practice, in the hope of receiving the valuable suggestions Effect of a production team and the orchard forest orchard ownership dispute, the county government to deal with most of the production team members refused to sue the court to prosecute; as the production team legal representative of the captain and a few members are subject to treatment, not Willing to fight the lawsuit, the captain is reluctant to entrust others to litigate with the lawsuit, so members who refuse to accept the county government will elect their representatives to the court