从中国首例农民告县长案切入,具体分析了在当时的社会和制度背景下,民告官法律制度变迁的过程中,各方行动者所扮演的角色:政治主体,作为法律缺失时的决断者;社会民众,在与公权力的博弈中成长;法院,在双重压力下寻求平衡。力求展示在中国社会转型期,影响性型诉讼通过个案促进法治的旨趣背后所蕴含的是博弈型制度变迁的行政法发展模式。 From the case of the first county governor of China suing the magistrate of the county, this article analyzes in detail the roles played by the various actors in the process of the vicissitudes of legal system under the current social and institutional background: the political subject, Decision-makers; the community, in the game with the public power growth; court, under the dual pressures of seeking balance. It seeks to show that the model behind the development of the administrative law in the transitional period of the game-based system is the underlying implication behind the interest in influencing the law-based litigation through case law.