论国外行政公诉的产生与发展

On the Origin and Development of Administrative Public Interest Litigation Abroad

行政公诉是一种检察官针对侵犯公共利益的违法行政行为而提起的一种诉讼类型,从国外行政公诉的发展过程看,这种诉讼之所以由检察官提起,是基于其公益代表人角色的定位;行政公诉能够弥补传统行政诉讼仅仅由利害关系人发动的局限,从而更有利于公共利益的维护;同时,这一制度也填补了审判权监督行政权时"不告不理"的空白,有利于检察权配合审判权以实现对行政权的监督。

Administrative public interest litigation is brought up by the prosecutor on the illegal administrative activities infringing public interests. From the development of administrative public interest litigation abroad, the reason why it should be the prosecutor to bring the case is that prosecutor is regarded as the representative of public interests. Administrative public interest litigation will help to protect public interest by breaking up the traditions where the public interest litigation can only be brought up by the privies. Administrative public interest litigation can also fill up the vacuum caused by the principle of ＂no trial without complaint＂ which restricts the jurisdiction to supervise administrative power, and benefit the prosecution power assisting jurisdiction to supervise administrative power.