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行政诉讼的被告,是指因作出具体行政行为而被原告认为侵犯其合法权益或与之发生行政争议,由人民法院通知应诉的行政机关。由行政机关作被告,而且只能由行政机关作被告,这是行政诉讼区别于其他诉讼的突出特点。公民、法人或者其他组织,根据行政诉讼法的有关规定,因为行政机关的具体行政行为和行政机关发生行政争议,向人民法院起诉的,那么,作出该具体行政行为的行政机关就是行政诉讼的被告。行政机关工作人员为执行公务作出具体行政行为,而公民、法人和其他组织认为侵犯其合法权益的,该工作人员所在的行政机关是被告。在我国,当
The defendant in administrative litigation refers to the administrative organ that the plaintiff considers to have infringed upon his legal rights or is in administrative dispute with him because of the specific administrative act, and the people’s court notifies the responding party. As the defendant by the executive, and only by the executive as the defendant, this is the distinguishing feature of administrative litigation from other litigation. Citizens, legal persons or other organizations, according to the relevant provisions of the Administrative Litigation Law, because the specific administrative acts of the executive authorities and administrative disputes occur in the administrative organ, to the people’s court, then the administrative body to make the specific administrative act is the defendant in administrative proceedings . Where administrative staff members make specific administrative actions for the execution of official duties and citizens, legal persons and other organizations think that their legitimate rights and interests are infringed upon, the administrative organ where the staff member is located is the defendant. In our country, when