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研讨行政赔偿诉讼审判对象兼具理论与实践价值。基于对行政赔偿诉讼中原、被告法律关系的分析可以发现,公民与行政机关间的权利—义务关系及其次生的行政赔偿法律关系是行政赔偿诉讼首要审判对象,在具体行政行为是免责要件时,行政机关与公民间的权力—责任关系则构成另一审判对象,先行处理决定则不是审判对象。这一界定不仅有助于我们重新认识行政赔偿诉讼的性质、法治逻辑、制度构造,还有助于我们重构其审判进程,合理安排具体行政行为的合法性审查。
Studying objects of adjudication in administrative compensation law has both theoretical and practical value. Based on the analysis of the legal relationship between the plain and defendants in the administrative compensation lawsuit, it can be found that the rights-obligation relationship between the citizen and the administrative organ and the legal relationship of the secondary administrative compensation are the primary objects of trial in the administrative compensation lawsuit. When the specific administrative act is the exemption, The relationship between the power and responsibility of the administrative organ and citizens constitutes another object of trial, and the decision of first proceeding is not the object of trial. This definition will not only help us to re-understand the nature of administrative compensation litigation, the logic of the rule of law, institutional structure, but also help us to re-establish the process of its trial and reasonable arrangements for the conduct of a review of the legitimacy of specific administrative acts.