摘要： 诉讼标的关联着行政诉讼中的多个具体制度。就撤销诉讼而言,从我国实定法中无法解释出融贯的诉讼标的之意涵,法院的认知亦呈现出无序状态。大陆法系行政诉讼理论中存在撤销请求权说、违法性说、权利主张说、二分肢说、一分肢说等论争,诸学说虽各有理论关怀,但皆属一体化地认定诉讼标的。对诉讼标的的识别关系到两项功能的实现,一是法的安定性,二是对当事人的程序保障。任何一体化的诉讼标的观念都无法同时助益于这两项功能。因此应采取诉讼标的的相对化识别路径,立足于上述功能的实现,在与既判力的客观范围相关联的各个问题、诉讼中行政行为理由的追加和变更、“一行为一诉讼”原则的排除等诉讼制度环节分别采纳不同的诉讼标的之意涵。

关键词: 行政诉讼, 诉讼标的, 既判力, 行政行为理由, 一行为一诉讼

Abstract: The object of action is associated with a number of specific adjudicative systems in administrative litigations.In terms of action of revocation, a coherent meaning of the object of action cannot be interpreted from the positive law of our country, and the courts' cognitions remain disordered.There are disputes in the administrative litigation theory of the civil law system, such as the theory of the right to claim revocation, the theory of illegality, the theory of the claim to rights, the theory of two-limb, and the theory of one-limb.Although these theories have theoretical concerns, they are all integrated identifications of the object of action.The identification of the object of action affects the implementation of two functions.One is the stability of the law, and the other is the procedural guarantee for the parties concerned.None of those integrated concepts of the object of action can contribute to these two functions simultaneously.Hence the object of action should be identified in a relativized manner, that is, to adopt different implications of the object of action in regard to different procedural scenarios such as the issues related to the objective scope of res judicata, the supplement and change of the reasons of administrative acts during litigations, the exclusion of the principle of “one act, one lawsuit”, etc.

Key words: Administrative Litigation, Object of Action, Res Judicata, Reasons of Administrative Acts, “One Act, One Lawsuit”