随着我国《行政诉讼法》的颁布和实施,人们的法律意识正在逐步增强,卫生监督机构成为行政诉讼被告的案件时有发生。为了提高卫生监督行为的合法性,预防或减少因自身行为不当而引起的诉讼,是卫生监督机构所面临的新问题。1 行政被告的地位 With the promulgation and implementation of the “Administrative Procedure Law” in our country, people’s legal awareness is gradually increasing, and the cases in which the health supervision institution becomes the defendant in administrative litigation have occurred from time to time. In order to improve the legitimacy of health supervision, preventing or reducing the litigation caused by improper behavior is a new problem faced by health supervision agencies. 1 administrative defendant’s status