近代行政诉讼制度之产生,须具备三项法律思想基础:一是要承认国家是独立的责任主体,且能对行政机关的行政行为负责;二是国家行为包括政府行为亦受法律之约束,而不能超越法律之上;三是人民有与国家进行诉讼的权能,此乃立宪思想之结果[1]。以上三项基础中国传统社会均不具备,故而 The emergence of modern administrative litigation system must have three bases of legal thought: First, we must recognize that the state is an independent responsibility subject and can be responsible for the administrative actions of administrative organs; second, state acts, including government acts, are also subject to the law, and Third, it is the result of constitutional thinking that the people have the power to conduct litigation with the state [1]. These three basic Chinese traditional society do not have, therefore