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从二十世纪开始以来,世界上的各个国家对行政诉讼类型的研究学习不断加深,很多国家在对行政诉讼制度进行改革时都将其作为发展的方向进行考虑。行政诉讼的类型不仅影响行政诉讼案件的原告资格、受案范围、诉讼程序、判决形式等,而且有利于法院审判的明确化、系统化。但是,我国现行的《行政诉讼法》并未对行政诉讼的类型作出明确规定,学界对行政诉讼类型的划分也仅仅是通过判决种类将其划分为撤销之诉、确认之诉、变更之诉、履行之诉等。是否应明确划分诉讼类型并将其法定化是我们目前应当思考的问题。
Since the beginning of the twentieth century, the study and study of the types of administrative litigation in various countries in the world has been deepening. Many countries consider it as the direction of development when they reform the administrative litigation system. The type of administrative litigation not only affects the plaintiff qualification, the scope of acceptance, litigation procedures and the form of judgment in administrative litigation cases, but also facilitates the clarification and systematization of court trial. However, the current “Administrative Procedure Law” in our country does not provide a clear definition of the type of administrative litigation, and the classification of administrative litigation by the academic circles is only classified as a lawsuit of withdrawal, a lawsuit of confirmation, a lawsuit of change, Fulfillment of the law. Whether the lawsuit should be clearly classified and its statutoryization is what we should think about now.