权利是与生俱来的,权力来自于人民的授权。即权力源于权利,权利大于权力。而在现实生活中,行政权力的扩张极大地威胁着权利的生存环境。本文通过分析权利与权力的产生及两者理想与现实的冲突来阐述行政诉讼制度设立的必要性。 Rights are born, power comes from people’s empowerment. That power comes from the right, the right is greater than the power. In real life, the expansion of administrative power greatly threatens the living environment of rights. This article expounds the necessity of the establishment of administrative litigation system by analyzing the emergence of rights and power and the conflict between ideal and reality.