Abstract: The "right to sue" in Article 41 of the Constitution of our country is not equal to, but contains the connotation of "administrative litigation right". The administrative litigation right in the Constitution has two attributes:one is the "supervision right" as a public right,and the other is the "relief right" as a private right after infringement. The former is political right, but also substantive right, while the latter is non-political right, a typical procedural right. This means that it has been biased to have regarded administrative litigation as a kind of relief right or procedural right for a long time. In order to standardize the order of the exercise of the administrative litigation right, the administrative litigation law reduces the content of the administrative litigation right in the Constitution, and embodies the procedural characteristics in the external form of the right, but this does not mean that the power attribute of the administrative litigation right in the administrative litigation law has changed.