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主观诉讼与客观诉讼是大陆法系行政诉讼法学者对行政诉讼类型的学理划分方式,但是由于不同国家行政诉讼制度体制有别,致使主观诉讼与客观诉讼的范围和含义有所差异。对具有代表性的法国和日本行政诉讼制度及其理论进行对比分析,有益于厘清主观诉讼与客观诉讼的具体内涵。我国目前的行政诉讼制度从性质上讲属于权利救济制度,《行政诉讼法》的修改和完善应以强化主观诉讼功能为核心目标,同时谨慎而有限度地吸收客观诉讼。
Subjective litigation and objective litigation are civil law administrative litigation jurisprudentials of the type of administrative litigation division, but due to the different systems of administrative litigation in different countries, resulting in subjective litigation and objective litigation range and meaning are different. A comparative analysis of the representative systems of administrative litigation in France and Japan and their theories is helpful to clarify the specific connotations of subjective litigation and objective litigation. The current administrative litigation system in our country belongs to the right relief system by its nature. The revision and perfection of the Administrative Procedure Law should focus on strengthening the subjective litigation function, and at the same time prudently and limitedly absorb the objective litigation.