论检察机关启动我国行政公益诉讼程序

On Start-up of Administrative Public Welfare Lawsuit by the Procuratorial Organ in China

现行行政诉讼法启动我国行政公益诉讼程序的"天然"缺陷,导致"事不关己"的我国行政公益诉讼无一例外地陷入困境,亟需在立法上构建与之相应的制度。三种行政公益诉讼启动程序各有利弊,而三元式启动程序最佳,必须在坚持三元式启动程序的前提下,在现行行政诉讼制度中设置三种机制,以完善检察机关启动我国行政公益诉讼程序。

The relative systems in the field of the existed administrative public welfare lawsuit in starting must be constructed based on the conditions of the ＂natural＂ shortage caused by the things not affecting oneself. There are advantages and disadvantages in three kinds of starting process while the three-way start-ups of administrative public welfare lawsuit are the best. It may establish the three kinds of mechanisms under the start-ups of administrative public welfare lawsuit of the three -way to complete the administrative public welfare lawsuit on the base of the three-way start-ups of lawsuit.