“官告民”的概念界说

The Concept of "the Officer Accuses the People"

在分析对“官告民”含义理解的各种观点的基础上,本文提出公法和私法的界分,是把握“官告民”概念的维度,故“官告民”诉讼的诱因,必须是和公务行为相关,从而“官告民”是指国家机关及其领导干部以执行公务时相对人侵犯其权利为由而提起的诉讼,以及行政主体以相对人不履行义务而提起的请求人民法院强制执行的申请。

On the basis of analyzing the concept of 'the officer accuses the people', this paper brings forward the boundary between public law and private law, which is the dimension to grasp the concept of 'the officer accuses the people'. Therefore, the contentious cause of 'the officer accuses the people' must be concerned with official business behavior. Thus 'the officer accuses the people' means the lawsuit lodged by the government agency or its cadres in the course of executing official business, when their rights are disturbed by the people or the people reject their duty of performance.