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我国1989年制定的《行政诉讼法》已经呈现诸多弊端和问题。尤其是立法设计之初,由于对行政撤销诉讼的基本性质与诉讼规律认识不足,行政撤销诉讼的本质特征在行政诉讼立法与审判实践中并没有得到充分彰显。概括而言,行政撤销诉讼性质上属于形成诉讼,其立法设计应遵循形成诉讼的程序规则;其诉讼标的是原告在诉讼中提出的行政行为违法并侵害其合法权益的权利主张;其诉讼判决具有形成力,既判力主观范围的确定应遵循“既判力相对性”原则。
China’s “Administrative Procedure Law” formulated in 1989 has presented many drawbacks and problems. Especially at the beginning of the legislative design, due to the lack of understanding of the basic nature of administrative revocation proceedings and the law of litigation, the essential features of the administrative revocation proceedings have not been fully demonstrated in the administrative litigation legislation and trial practice. To sum up, the administrative revocation lawsuit belongs to the formation of a lawsuit in nature, and its legislative design should follow the procedural rules for forming a lawsuit. The object of the lawsuit is the claim of the plaintiff in the lawsuit that the administrative act violates the law and violates its legal rights and interests. Forming force, the subjective range of res judicata should be determined according to the principle of “relativity of res judicata”.