在行政诉讼中,存在着如何正确确定行政诉讼被告的问题。传统的行政诉讼理论是以“行政主体”为标准来衡量行政诉讼被告的资格,确立的是“谁主体,谁被告”的基本原则。然而,随着社会的发展,行政诉讼关系越来越复杂,传统的理论已经不能适应这样的发展,遂有学者提出了“谁行为,谁被告”的观点。笔者认为,行政诉讼被告的确认应该由行政行为的性质来决定。 In administrative litigation, there exists the problem of how to correctly determine the defendant in administrative litigation. The traditional theory of administrative litigation is based on the criterion of “administrative subject ” as the standard to judge the qualification of defendant in administrative litigation, and establishes the basic principle of “who is the subject and who is the defendant ”. However, with the development of society, the relationship between administrative litigation is more and more complex, and the traditional theory can no longer meet the needs of such development. Therefore, some scholars have put forward the opinion that “who acts, who defend”. The author believes that the confirmation of the defendant in administrative litigation should be determined by the nature of the administrative act.