行政诉讼中被告改变具体行政行为一直是学界有所争议的问题。赞成者有之,反对者有之。从理论与实践全面分析来看,行政诉讼中被告改变具体行政行为具有其合法性与合理性,不可一概反对,但也不该简单用之。应当在正确界定其性质的基础上,明确被告可以改变具体行政行为的时间,在强调对该行为进行审查之必要性的基础上,确立规范的审查标准,从而对此予以必要的法律规制。 Defendants in administrative proceedings to change the specific administrative behavior has always been a controversial issue in academia. Those who favor it, opponents have it. From a comprehensive theoretical and practical point of view, the defendant in administrative litigation to change the specific administrative act has its legitimacy and rationality, can not be opposed, but should not be used simply. On the basis of correctly defining its nature, it should make it clear that the defendant can change the time of a specific administrative act and establish the normative examination standard on the basis of emphasizing the necessity of reviewing the act, so as to provide necessary legal regulation.