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英美法系国家自13世纪英国出现令状制度至今已经历七个多世纪,大陆法系国家开始行政诉讼类型化至今也已近百年的时间,这些国家通过行政诉讼类型的确立及增加,对本国司法审查和行政诉讼法律体系不断进行梳理,使行政诉讼制度完整、严谨、实用。纵观各国行政诉讼法,在现代法治国家行政诉讼的立法中,行政诉讼类型占有着极其重要的地位。行政诉讼的类型化,是20世纪以来行政诉讼制度发展的趋势之一。-我国对行政诉讼类型化理论研究起步较晚,行政诉讼类型及行政诉讼类型化的概念经常在一些论文中交叉出现,因此笔者认为有必要对这两个概念进行厘清。
In the Anglo-American legal system, the system of writ has existed for more than seven centuries in Britain since the thirteenth century. The type of administrative litigation in civil law countries in the mainland has been almost 100 years now. These countries, through the establishment and increase of types of administrative litigation, The legal system of examination and administrative litigation is constantly being sorted out so that the administrative litigation system is complete, precise and practical. Throughout the administrative litigation laws in various countries, the type of administrative litigation occupies an extremely important position in the legislation of modern state lawsuit administrative litigation. The type of administrative litigation is one of the trends in the development of administrative litigation system since the 20th century. - China’s research on the theory of administrative litigation started late, the concept of administrative litigation type and administrative litigation often cross in some papers, so I think it is necessary to clarify these two concepts.