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一行政诉讼,又称行政救济或司法审查。行政诉讼是司法三大诉讼之一,其特点是解决行政机关与公民、法人或者其他组织等相对人之间的行政争议。被告恒定为行政机关,原告是认为自己权利受到行政机关的行政行为侵害的一方。因此,行政诉讼具有通过司法保护相对人权利的性质,此谓行政救济。为此,司法机关必须对被诉行政机关的行为进行审查,如发现其违法,侵害相对人权利,就要判决败诉,因此又称为司法审查。1990年10月1日起施行《行政诉讼法》,是我国依法行政的第一块里程碑;第1条立法宗旨
An administrative litigation, also known as administrative relief or judicial review. Administrative litigation is one of the three judicial proceedings, which is characterized by administrative disputes between the executive authorities and relatives such as citizens, legal persons or other organizations. The defendant is always the administrative organ, and the plaintiff is the party that believes his rights have been violated by the administrative act of the administrative organ. Therefore, administrative litigation has the right to protect the rights of the relative through the judicial nature of the so-called administrative relief. Therefore, the judiciary must examine the behavior of the prosecuted administrative organ. If it finds that it violates the law and infringes on the relative rights, it must adjudicate its defeat and is therefore also called a judicial review. The implementation of the “Administrative Procedure Law” from October 1, 1990 is the first milestone of our administration according to law. Article 1 Legislative Aims