行政诉讼是行政案件的诉讼,是“民告官”的诉讼。因此,在行政诉讼中,行政机关处于被告的地位,公民,法人或者其他组织处于原告的地位。这是行政诉讼不同于其他诉讼的一个特点。作出具体行政行为的行政机关是被告。但在实际生活中,情况比较复杂,有的具体行政行为是经过行政机关复议的;有的是几个行政机关联合作出的决定;有的是受委托行使行政管理职权的;也有的是临时机构。《行政诉讼法》对各种情况如何确定被告,做了明确规 Administrative litigation is a lawsuit in administrative cases, which is a lawsuit against civil servants. Therefore, in the administrative litigation, the administrative organ is in the defendant’s position, and the citizen, legal person or other organization is in the position of the plaintiff. This is a distinguishing feature of administrative litigation from other litigation. The administrative organ that made the specific administrative act is the defendant. However, in actual life, the situation is rather complicated. Some specific administrative acts are reconsidered by the administrative authorities. Some are decisions jointly made by several administrative organs. Some are entrusted with exercising administrative powers and some are temporary agencies. The “Administrative Procedure Law” made clear rules on how to determine the defendants in various situations