Abstract: The element of the right of administrative action, which plays an important role in determining whether the parties have the right of action, optimizing the allocation of judicial resources, filtering disputes, providing relief for those who really need it and so on, is a necessary condition for the parties concerned to obtain the right of administrative action. The element of the right of administrative action is subject to a specific doctrine about the right of action's nature, and follows the research idea:from the doctrine about the right of action's nature to the contents of the right of action, and then to the elements of the right of action. Through the reflection and criticism of the existing doctrine about the right of administrative action's nature, a conclusion can be drawn that the elements of the right of administrative action should be defined in the view of "The theory about layered right of action". According to "The theory about layered right of action", the element of the right of administrative action is different from elements which relate to the stage structure of litigation process, such as the requirement to sue, the requirement about a suit's legality, the requirement about a suit's justifiability and so on. The element of the right of administrative action has its own unique structure:the first layer of the right of administrative action is the right to sue, and the corresponding element is the requirement to sue; the second layer of the right of administrative action is the right to obtain the substantive trial, and the corresponding elements are the justiciability of administrative disputes, standing and the interest of litigation; the third layer of the right of administrative action is the right to obtain a fair trial, which lacks independent elements.