随着由非法违法强制拆迁引出的一系列触目惊心的案件浮出水面,行政强制拆迁逐渐成为一个全民关注的焦点问题,在公民从社会问题的角度对其展开热切讨论的同时,法学家们也开始从法律理论的角度对这种暴力拆迁的合法与否深入进行探究。笔者注意到这些探讨中大多关注的是行政机关违法拆迁中的违法行政行为研究,而却鲜有人重视对非法违法拆迁中公民非法利益的保护。对此,无论是实体法还是程序法都存在缺失。本文试图从行政诉讼角度对行政拆迁中公民非法利益保护缺失问题进行探析,并对行政诉讼失权制度的研究提出若干设想。 With a series of startling cases of unlawful illegal demolition, the administrative forced demolition gradually became a focus of public concern. While citizens started to discuss it from the perspective of social issues, jurists also started From the perspective of legal theory, this kind of violent demolition is investigated in depth. The author noticed that most of these discussions focused on the study of illegal administrative acts in the illegal demolition of administrative organs. However, few people paid much attention to the protection of the illegal interests of citizens in the illegal illegal demolition. In this regard, there is a lack of substantive or procedural law. This article attempts to analyze the problem of the lack of protection of the illegal interests of citizens in administrative demolition from the perspective of administrative litigation, and puts forward some tentative suggestions on the research on the system of losing the right in administrative proceedings.