房屋征收补偿协议的行政诉讼问题①--以《国有土地上房屋征收与补偿条例》第25条为视点

房屋征收补偿协议是一种行政合同，按其属性应纳入行政诉讼。但问题在于，现行行政诉讼制度不能容纳这一诉讼类型：原告资格、协议效力、诉讼竞合、证据规则、判决种类等方面都提出了新的要求。这些问题认识不清，已造成实务的混乱和理论的争议。那么，目前实务上需要哪些调整，未来行政诉讼法又需要哪些方面突破，这些都要在行政诉讼新类型制度上来解释，并且在契约行政与合作治理的理论背景下来考察。

The Administrative Litigation for Housing Levy and Compensation Agreement --From the Article 25 of Requisition and Compensation Ordinance of Housing

Housing levy＇s compensation agreement is an administrative contract, which should be included in administrative litigation according to their properties. But the problem is that the current administrative litigation system can not accommodate this type of litigation： the plaintiff qualifications, agreement validity, litigation concurrence, rules of evidence, judgments species and so on, which have put forward new demands. Unclear understanding of these issues has resulted in practical and theoretical confusion controversy. So, now what adjustments need to practice, and what they need to break through in the next administrative litigation, must be explained in the new administrative litigation system, and inspected in the contract administration and the theoretical context of co-governance.