It is not a long time that the administrative repeal lawsuit puts in force in China. This research is to study the theory and practice of the administrative repeal lawsuit. The dissertation is divided into six chapters. The first chap is concerned with the basic theoretical issues of the categorization of the administrative litigation, which mainly involves its meaning, value and significance, research status and literature review, also the categorization of the administrative litigation of China. Chapter two studys the basic theory of the construction of the law. Separation of powers and checks and balances is the core of the administration according to law, which is the constitutional foundations of the administrative repeal lawsuit. The third chapter is concerned with the boundary of the jurisdiction in the process of the administrative litigation. There are two dimensions: first, the suitable appeal objects, that is the litigation of the plaintiff should be solved by the court as the judicia organ using the juding method, which belongs to the suability problem. Second, it is the review intensity, it is the extent of the intervention and recognition that the administrative action which is suit that is done with the court. Chapter four mainly introduces the interest of the administrative repeal lawsuit. The narrow sense of the interest of litigation is the unwritten law that plays an important role rather than the administrative elements ruled by the law obviously. It highlights an idea of the administrative litigation: the plaintiff indeed not only realizes their rights with the help of the court also the rights protected are not abused. The key of the fifth chapter is about the regulation of the suitable plaintiff. The rule on the suitable plaintiff of the administrative litigation of Japan mainly reflect legal interests. Also, there is qualification of plaintiff in China. The sixth chapter: It is about the third party's right of action of the administrative repeal lawsuit. It connects with the administrative action. Key words: Administrative repeal lawsuit, Administrative action, Jurisdiction, Suitable plaintiff, Third party's right of the administrative repeal lawsuit, Interests of litigation.

撤銷之訴在我國的施行時間尚屬有限，其不僅在實務上，或學理探討上均未臻于完善，自有加以探討的必要。本論文共分為六章。 第一章導論。主要介紹訴訟類型的概念、行政訴訟論的價值與意義、研究現狀與文獻綜述以及我國行政訴訟類型。 第二章撤銷之訴:法構造的基礎理論。撤銷之訴的憲法基礎，以權力分立與制衡為核心的法治行政原理。 第三章關於行政訴訟中審判權的界限。其存在兩個維度。一是訴訟對象適格。二是審查強度問題。 第四章主要介紹撤銷之訴中訴的利益。狹義訴的利益旨在彰顯這樣一種訴訟法理念：原告確實需要法院幫助實現其權利，並且這種權利保護未被濫用。 第五章詣在介紹原告適格的規定。日本行政訴訟法對於原告適格的規定，主要體現在“法律上的利益”這一要件和基準上。與日本法上的訴權論或原告適格論相對應，我國學說上有“原告資格論”。 第六章撤銷之訴中的第三人訴權。本章在探討第三人訴權時，認為行政訴訟上的第三人，是指行政行為的相對人之外的、與行政行為的作成有關係的人。 關鍵字：行政撤銷之訴 行政行為 審判權 原告適格 第三人訴權 訴的利益