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行政诉讼目的是行政诉讼法学基础理论的基础,是行政诉讼制度建构和完善的基础与前提。虽然法学理论界对行政诉讼目的课题早有研究,且已取得了一定成果,但源于研究中存在着诸多理论误区,致使在对“行政诉讼因何目的而存在”问题的回答上见解纷呈。通过对诸理论误区的逐一剖析,服务于当代中国行政诉讼目的的准确定位。
The purpose of administrative litigation is the basis of the basic theory of administrative litigation jurisprudence, which is the basis and premise for the construction and perfection of the administrative litigation system. Although the jurisprudence circles have long been studying the subject of administrative litigation and have achieved some results, there are many theoretical errors in the research, which leads to the opinion on the answer to the question “why does the administrative litigation exist” Fun scene. Through the analysis of the misunderstandings of the theories one after another, it serves the accurate positioning of the purpose of administrative litigation in contemporary China.