随着依法治国的进程逐步加快,管理相对人的法律意识逐步增强,管理相对人运用法律武器保护自身权益的意识也明显增强,行政管理机关与管理相对人从过去地位的不对称,也渐趋平等。国内卫生行政诉讼的案例已屡见报道[1,2],而行政诉讼案件的特征也在发生变化,过去引起行政诉讼的大多是明显的程序违法、执法粗暴或适用法律明显错误,现今由管理相对人 With the gradual acceleration of the process of governing the country according to law, the legal awareness of the management of relatives has been gradually enhanced. The awareness of using the legal weapons to protect one’s own rights and interests has also been significantly enhanced. The asymmetry in the position of administrative organs and management counterparts from the past positions has also gradually equality. The cases of domestic public health administrative litigation have been reported many times [1, 2], and the characteristics of administrative litigation cases are also changing. In the past, most administrative litigation caused obvious procedural violations, gross law enforcement or obvious mistakes of applicable laws. Today, Relative person