行政公诉的理论基石

On Theoretical Foundation of Administrative Litigation Initiated by the Procuratorate

行政公诉属于行政公益诉讼范畴,与传统"诉的利益"理论方枘圆凿,也与我国现行行政诉讼法原告资格标准相去甚远。但这并不能成为建立行政公诉制度不可逾越的障碍。行政诉讼"诉的利益"的公益性及检察官公共利益代理人的身份,是构建行政公诉制度的两大天然理论基石。前者解决了与本案无利害关系人参加诉讼的原告资格问题,后者给出了由检察机关提起行政诉讼的充分理由。

The administrative litigation initiated by the procuratorate or named administrative public prosecution, as a kind of adinistrative procedure for public interests, differs from traditional theory of ＂interest of action＂, and is far apart from the criterion of plaintiff qualification in current administrative procedure law. However, differences mentioned above cannot be insurmountable difficulty in establishing the system of administrative litigation initiated by the procuratorate. The public nature of the ＂ interest of action＂ of the administrative procedure and the status of the prosecutor as the deputy of public interests are two natural theoretical foundation stone of constructing the system of administrative litigation initiated by the procuratorate, of which the former resolved the problem that the disinterest party participates in the legal proceedings as the plaintiff, and the latter endowed the procuratorial organ with sufficient cause to institute an administrative lawsuit.