构建我国行政公益诉讼原告资格的思考

Construction of China's public administrative proceedings the plaintiff qualified Thinking

文章从一些直接关系到国家利益、社会公共利益的案例的出现以及在司法实践中许多带有行政公益性质的案件日益备受社会关注的事件入手,提出法院以"该案不属于法院受理范围或该案的原告不是本案的直接利害关系人"为由作出了不予受理或驳回起诉的处理的事实,因而原告资格问题成为阻碍行政公益诉讼的首要问题,为此剖析构建行政公益诉讼原告资格成为建立行政公益诉讼制度,维护公益,实现民治的前提。

With the number of direct bearing on the national interests, public interests of the case, in judicial practice, with many of the public nature of the administrative cases has been increasing public concern, public interest litigation is frequently reported amounts of press coverage. However, the court often ＂the case does not belong to the scope of the court case or the plaintiff＇s case is not directly interested person＂ as an excuse not to be accepted or rejected by the prosecution to deal with. As a result, the plaintiff eligible to become an issue of public interest litigation administrative obstruction of the primary issues. Construction of the Chief Public Interest Litigation eligible to become plaintiffs to establish the administrative system of public interest litigation, the maintenance of public welfare, a prerequisite for the realization of the people.