日本撤销诉讼以行政机关的行为是否具有“处分性”作为界定受案范围的标准,而“处分性”概念包含了外部性、具体性、法律效果性、公权力性等要件,这些要件限定了“处分性”的含义,也限制了撤销诉讼的受案范围。在学说以及判例中,为了扩大撤销诉讼对相对人权益的救济功能,往往采用对“处分性”进行扩大性解释的方法。但由于在学说以及判例中有关“处分性”的解释并不一致,因此需要立法对该概念的解释加以一定的规范与限制。 Japan’s revocation of litigation to whether the behavior of the executive authorities have “sanctions” as the standard to define the scope of the case, and “sanctions ” concept contains the externalities, specific, legal effects, public power and other elements, These requirements limit the meaning of “sanctions” and also limit the scope for the removal of litigation. In doctrine and jurisprudence, in order to expand the remedy function of canceling the relative rights and interests of the litigation, the method of expanding the interpretation of “sanctions” is often adopted. However, due to the inconsistencies in doctrine and jurisprudence regarding the interpretation of the concept of “sanctionality,” there is a need to regulate and restrict the interpretation of the concept by legislation.