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继续确认诉讼是指在已经开始的行政诉讼程序中,因出现特殊情况导致被诉行政行为引起的争议已经解决,但法院并不终结诉讼而继续进行审理的一种诉讼类型。继续确认诉讼必须具备合法的原始诉讼、被诉行政行为引起的争议消灭、原行为违法性不明以及原告的申请四个必要条件。在继续进行的诉讼中,法院视乎行政行为合法与否以及原告是否具有诉讼利益而适用驳回请求判决和确认违法判决。
To continue to confirm litigation refers to a type of litigation in which the dispute has been settled in the administrative litigation process that has been initiated because of special circumstances that led to the administrative act being sued but the court does not terminate the litigation. Continue to confirm that the litigation must have the legal original litigation, eliminate the controversy caused by the litigated administrative act, the unlawful original act and the application of the plaintiff four necessary conditions. In the continuing litigation, the court, depending on whether the administrative act is valid or not and whether the plaintiff has the litigation interest, may reject the request judgment and confirm the illegal judgment.