一、前言从组织结构和制度功能角度而言,德国的行政诉讼制度与我国行政诉讼制度基本相同。然而尽管如此,探讨德国行政诉讼制度中的相关问题,应对其在诸多方面与我国制度存在的明显差别有所关注。至少从行政诉讼制度在国家权力体系中所处的地位而言,由于德式分权制度的存在以及(包括宪法法院在内的)其他法院在特定范围内具备针对行政权力的控权功能,因此在围绕行政权力形成的规范和控制制度体 I. Preface From the perspective of organizational structure and system function, the system of administrative litigation in Germany is basically the same as the system of administrative litigation in our country. However, in spite of this, it is necessary to study the related issues in the system of administrative litigation in Germany and pay attention to its obvious differences in many aspects from those of our country. At least as far as the position of administrative litigation system in the state power system is concerned, since the German decentralization system and other courts (including the Constitutional Court) have the power to control administrative power within a specific scope, The body of norms and controls formed around the executive power