我国行政诉诉讼法第十二条第(一)项规定:人民法院不受理公民、法人或者其他组织的对“国防、外交等国家行为”提起的诉讼。为此,正确认识和区分可以起诉的具体行政行为和不能起诉的国防、外交等国家行为,对于我国行政诉讼的理论与实践是具有重要意义的。但目前行政法学界对这种区别研究甚少,在许多有关行政诉讼的著述中都只作简单的叙述, Article 12 (1) of China’s Administrative Litigation Procedures stipulates that the people’s court shall not accept any lawsuit filed by a citizen, a legal person or any other organization about “acts of state such as national defense and diplomacy”. To this end, to correctly understand and distinguish between the specific administrative actions that can be prosecuted and the national defense and diplomatic actions that can not be prosecuted is of great significance to the theory and practice of administrative litigation in our country. However, at present, there is little research on this difference in the field of administrative jurisprudence, and in many writings on administrative litigation, only a brief description is given,