摘 要

随着新行政诉讼法的出台及实施，行政诉讼领域发生了诸多变化，旨在解决立案难的立案登记制率先纳入行政诉讼中。关于行政诉讼立案、受理和起诉条件的逻辑关系，一度成为学界讨论的热点，新《行政诉讼法》对起诉条件、立案以及受理等方面分别作出了新规定，但是目前无论理论界还是实务界对三者关系的认识并不明晰。同时，我国行政诉讼起诉条件混合了起诉要件、诉讼要件甚至本案有理要件，这种规范缺陷因忽略了诉的评价位阶，导致适用效果与行政诉讼立案登记制改革精神相悖。对此，本文将从现有法律对行政诉讼立案、受理和起诉制度规定入手，梳理出其所包含具体内容。随后，通过总结学者们对三者关系的认识，评析其特点和意义。在此基础上，对立案与受理，立案与起诉条件关系作出应然分析，剖析立案登记制度的缺陷，进而提出应对策略和完善建议。

全文分为以下五个章节：

关键词：立案登记制 立案审查制 起诉 立案 受理

Differentiation and analysis of the logic relation between accepting administrative litigation and prosecution conditions

ABSTRACY

With the promulgation and implementation of the new administrative litigation law,many changes have taken place in the field of administrative litigation,and the filing registration system aimed at solving the difficulty of filing cases has taken the lead in administrative litigation. The logic relationship between the filing,acceptance and prosecution conditions of administrative litigation has once become a hot topic of academic discussion. The new Administrative Litigation Law has made new provisions on the prosecution conditions, filing and acceptance respectively,but the understanding of the relationship among the three is not clear either in the theoretical or practical circles at present. At the same time, the conditions of administrative litigation inChina are mixed with the requirements of litigation,the requirements of litigation and even the justifiable requirements of the case. This normative defect is contrary to the spirit of the reform of administrative litigation filing registration system because it neglects the evaluation rank of litigation. In this regard, this paper will start from the existing laws on the administrative litigation filing, acceptance and prosecution system provisions, combing out the specific content contained in it. Then, through summarizing scholars' understanding of the relationshipbetween the three, the characteristics and significance are evaluated. On this basis, the relationship between case filing and acceptance,case filing and prosecution conditions is analyzed,the defects of the case registration system are analyzed, and countermeasures and suggestions for improvement are put forward.

The full text is divided into the following five chapters:

The first chapter is to study the provisions of theexisting laws on filing, accepting and prosecuting. In this part, the legislative provisions of the administrative prosecution system inChina will be introduced from four aspects: the way of administrative prosecution,the conditions of prosecution, the conditions of acceptance and the examination of filing. At the same time, it describes the changes from the case examination system to the caseregistration system through the historical history of the case acceptance system,the basic requirements of the case registration system and the solution of three aspects.

The second chapter specifically introduces scholars' understanding and evaluation of the relationship between the three,summarizes the relationship between acceptance and case filing,the relationship between registration and case filing, the legal analysis of the prosecution system, and introduces the related concept of "interests of litigation", which plays a reference role for the later elaboration of my own views.

The third chapter analyzes the relationship between case filing and acceptance.First, I will show my views.There are roughly three views on the relationship between the two in the academic circle.Then, I will express my own views, which is the first level.By analyzing the significance of the case registration system,the disadvantages of the entity examination of the case registration system and the advantages of the form examination of thecase registration system, this paper summarizes the relationship between the case registration system and acceptance, which is the second layer. On this basis, in-depth analysis of the case registration system,the current system of the existing problems, and for the defects put forward countermeasures. Thus, the reform of the filing and registration system can realize the real legislativepurpose and play the role of escorting social progress and national development.

The fourth chapter analyzes the relationship between filing and prosecution conditions, which is divided into two parts: first,whether the substantive conditions of theprosecution conditions need to be considered in filing; Second, the relation between the prosecution conditions and the filing registration system, analyzes the normative defects of the prosecution conditions and puts forward the improvement measures. Only by properly handling the relationship among filing,accepting and prosecution conditions,can the filing registration system be put into effect and the litigants' right of action be effectively protected.