摘要： 尽管学理上尚无定论，但行政诉权处分已得到行政审判实践的认可。通过对涉及息诉承诺的行政诉讼和国家赔偿案件进行梳理考察发现，法院存在“诉权可得抛弃”与“诉权不受妨碍”两种相对明确的裁判进路。但诉权处分通常不作为单独的裁判理由，而带有补强性、宣教性说理的色彩；法院往往已对案件作了实质审查，确信纠纷已获实际解决之后，才最终裁定驳回起诉或者判决驳回诉讼请求。基于行政诉讼的制度功能考虑，对于当事人抛弃诉权后再行提起行政诉讼的，原则上应予以立案审查；是否构成“诉权滥用”应作审慎考量。制度功能上的内在张力，决定了行政诉讼侧重维护公法秩序时，诉权处分的效果应受限制；侧重解决行政争议时，诉权处分的效果则相对显著。

关键词: 行政诉权, 诉权处分, 行政诉讼, 司法审查

Abstract: Disposition of the right of action in administrative litigation has been recognized by courts as a form of Administrative Contracts.By analyzing the administrative cases and state compensation cases which involve with disposition of the right of action, it can be found that courts took two major different approaches dealing with the disposition.While some courts accepted that the right of action could be disposed, others denied that the disposition would prevent the disposer from bringing a same complaint anyway.In the former cases, the disposition only played an auxiliary role in judicial reasoning.Courts usually had reviewed the case substantively and assured that the dispute had been actually solved before dismissed the complaint.Giving the unique institutional functions of China's administrative proceeding, the better approach is to allow reuse of the disposed right of action in principle and to review its misuse cautiously.When the administrative proceeding tends to maintain the order of public law, the effect of the disposition should be more restricted.When the proceeding tends to solve disputes, the effect should be more tolerated.

Key words: Right of Action in Administrative Litigation, Disposition of Right of Action, Administrative Litigation, Judicial Review