一、引言随着我国政治体制改革的逐步深化,公务员制度也逐步完善,但忽视公务员人事行政诉讼救济权却始终是我国人事救济制度中的一大缺憾。人事行政诉讼制度以司法审查这一法治的坚强屏障,阻止行政机关任意处分国家公务员,保证国家公务员队伍的廉洁高效,保障公务员的合法权益。在西方,大多数国家都早已实行了类似的制度,而我国不仅在实践中缺乏这一制度,而且在理论上的研究也几乎处于空白。本文试图界定人事行政诉讼的概念,从合法性与合理性的角度批驳“特别权力关系”理论,探寻建立人事行 I. INTRODUCTION Along with the gradual deepening of the political system reform in our country, the civil servant system has also gradually been improved. However, neglecting the civil servants’ administrative rights relief in administrative personnel litigation has always been a major shortcoming in the system of personnel assistance in our country. The personnel administration litigation system is a strong barrier to judicial review of the rule of law, preventing the administrative organs from punishing the national civil servants arbitrarily, guaranteeing the integrity and efficiency of the national civil servants and safeguarding the legitimate rights and interests of civil servants. In the West, similar systems have long been practiced in most countries, and not only is our country lacking this system in practice, but its theory is almost blank. This article attempts to define the concept of personnel administrative litigation, refute the theory of “special power relations” from the perspective of legitimacy and rationality,