我国行政诉讼法的颁布是我国行政法领域发展的一个里程碑,行政诉讼制度的建立大大推进了法院在行政方面的审判管理工作,随着社会进步和司法改革的推进,我国行政诉讼制度暴露出一些问题。文章认为,有必要对我国行政诉讼被告现行认定规则进行深入分析,反思其不足。通过对比国外的成功经验,我国在现有的法治环境、司法实务背景下,应当适时重构行政诉讼被告认定规则,引进“谁行为,谁被告”这一新的行政诉讼被告认定规则。这是符合当下我国司法改革需要的,既能够方便当事人提出诉讼保障合法权益,也能够节约我国现有的司法资源,当事人通过到法院起诉的方式对行政行为提出质疑,能够对我国行政公权力的行使进行有力的监督,符合当前法治发展的趋势。 The promulgation of China’s Administrative Procedure Law is a milestone in the development of China’s administrative law field. The establishment of administrative litigation system has greatly promoted the trial administration of the court in administrative aspects. With the progress of social progress and judicial reform, some administrative litigation systems in our country have been exposed problem. The article believes that it is necessary to conduct an in-depth analysis of the existing rules for the determination of defendants in China’s administrative litigation, and reflect on their inadequacies. By contrasting the successful experience of other countries, under the current background of the rule of law and the judicial practice, our country should reconstruct the rule of defending the administrative lawsuit timely and introduce the new rule of administrative defendant in “Who act, who defend”. This is in line with the current needs of judicial reform in our country. It can not only facilitate the parties to bring litigation to safeguard their lawful rights and interests, but also save the judicial resources in our country. The parties challenge the administrative act by means of prosecution to the court, Exercising strong supervision is in line with the current trend of the development of the rule of law.