行政诉讼是审查被诉具体行政行为是否合法的诉讼制度,行政赔偿诉讼是确认违法具体行政行为是否承担赔偿责任的诉讼制度。根据我国《行政诉讼法》和《国家赔偿法》的规定,提起行政赔偿之诉可以单独提起,由赔偿义务机关先行处理;也可以在提起行政诉讼的同时,附带提起行政赔偿诉讼,由人民法院一并审理。这样,如何协调行政诉讼和行政赔偿诉讼的关系,及时、正确地保护行政相对人的合法权益,是当前行政审判实践中面临的一个课题。在此,笔者对行政诉讼和行政赔偿诉讼中衔接的几个问题谈点粗浅看法。一、相对人超期未提起行政诉讼,而于诉讼期间届满后单独提起行政赔偿之诉,法院能否受理。有人认为,具体行政行为作出后,相对人没有通过复议或行政诉讼来确认该行为的合法性,此时,具体行政行为就已经发生了确定的效力。具有拘束力、确定力、执行力,其 Administrative litigation is a litigation system to examine whether the accused specific administrative act is legal and whether the administrative compensation litigation is a litigation system to confirm whether the specific administrative act is liable for compensation. According to the provisions of China’s “Administrative Procedure Law” and “State Compensation Law,” a lawsuit filed for administrative compensation may be filed separately and handled by the organ liable for compensation. The administrative compensation lawsuit may also be instituted when the administrative proceedings are filed, and the people’s court Proceed together. In this way, how to coordinate the relationship between administrative litigation and administrative compensation lawsuits and timely and correctly protect the legitimate rights and interests of the administrative counterparts is a subject currently facing the administrative trial. At this point, the author of the administrative litigation and administrative litigation in the convergence of several issues on the crude point of view. First, the relative person did not bring an overtime litigation, and after the expiration of the litigation filed a separate claim of administrative compensation, the court can accept. Some people think that after the specific administrative act is made, the relative person fails to confirm the legality of the act through reconsideration or administrative litigation. At this moment, the specific administrative act has already taken effect. With binding force, certainty, execution, its