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行政诉讼被告的确认,是明确行政诉讼责任承担主体的前提。我国是以行政职权来界定行政主体的资格的,在这个前提下,无法满足对越来越多的受委托机构、中介机构提供公共服务过程中形成的纠纷的诉讼需要。本文旨在通过阐述行政诉讼被告的确认规则,在我国现有的行政框架下,解决行政诉讼被告资格的认定问题。
Confirmation of the defendants in administrative litigation is the prerequisite to clarify the subject of administrative litigation responsibility. Under this premise, our country is limited by the administrative authority to qualify as the main body of administrative affairs, and it is unable to satisfy the litigation needs for the disputes that more and more entrusted institutions and intermediaries provide during the process of providing public services. The purpose of this paper is to address the issue of the qualification of defendants in administrative litigation under the existing administrative framework of our country by elaborating the rules of confirmation of defendants in administrative litigation.