检察机关提起行政公益诉讼的可行性及立法价值探讨

Discussion on feasibility and legislation value of bringing an administrative public interest litigation by procuratorial organ

行政机关作为国家和社会事务的管理者,广泛涉及且代表了公共利益。然而近年来,却频繁出现因行政机关行政违法行为或者行政不作为造成公共利益严重受损的现象。这些受到行政违法行为侵害的公共利益,因现行法律不完善而得不到有效的司法救济,那么应当由谁作为受损公共利益的保护主体进而提起行政公益诉讼便成为了当前司法改革亟待解决的问题。从当前我国检察机关以公诉人的身份参与刑事诉讼多年的司法实践来看,在《行政诉讼法》中赋予检察机关行政公益诉讼原告资格具有现实的可操作性,有利于实现对行政权的监督制约和深入贯彻社会主义法治理念。

As the manager of state and social affairs, the administrative organ is widely involved in and represents the public interest. However in recent years, the phenomenon of serious damage to the public interest caused by administrative violations or administrative omission is frequent. Those public interest damaged by administrative violations cannot get effective judicial assistance because the current law is imperfect. Then, who should in turn bring an administrative public interest litigation as a subject to protect the public interest has become the problem to. be solved by the current judicial reform. From the current judicial practice of procuratorial organs involved in criminal proceedings as prosecutors, it is feasible to give the procuratorial organs prosecutors＇ qualifications in the administrative public interest litigation in the ＂Administrative Procedure Law＂, which is conducive to realize the supervision and control of administrative power and thoroughly implement the socialist concept of rule of law.