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行政事实行为在我国被排除出行政诉讼领域的做法明显不符合我国行政法治建设的实践,这种做法的不当性主要表现为学理上的矛盾,背离国际发展趋势和难以保障人权等方面。我们应考虑将行政事实行为纳入行政诉讼领域以更好实现对相对人合法权益的保障和对行政权的监督。
The fact that administrative act is excluded from the field of administrative litigation in our country clearly does not accord with the practice of administrative law construction in our country. The inappropriateness of this method mainly manifests in the aspects of academic contradiction, deviation from international development trend and difficulty in safeguarding human rights. We should consider the incorporation of administrative fact into the field of administrative litigation in order to better protect the legitimate rights and interests of the counterparts and monitor the executive power.