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自从《行政诉讼法》实施以来,对军事行政诉讼制度有关问题的探讨与争论就从未停止过。这些问题主要集中在军事行政诉讼的概念、我国设立军事行政诉讼制度的必要性与可行性、具体的制度构建以及与现有的军队法制体系如何衔接上。本文试图在整理相关理论的基础上,确定军事行政诉讼的概念,探究军事行政诉讼制度设立的相关理论与实践问题。
Since the “Administrative Procedure Law” has been put into practice, the discussion and debate on the issues concerning the system of military administrative proceedings have never stopped. These issues mainly focus on the concept of military administrative litigation, the necessity and feasibility of setting up a system of military administrative litigation, the establishment of specific systems and how to connect with the existing legal system of the armed forces. This article attempts to sort out the relevant theory, based on the definition of the concept of military administrative litigation, to explore the establishment of military administrative litigation system theory and practice issues.