行政公益诉讼、社会主义及其他

Administrative Public Interest Litigation,Socialism and Else

公益诉讼制度建构伊始就在如下困境中左右摇摆:如何实现与传统诉讼特别是原告资格的理论相衔接,以及如何科学界定其适用的合理边界。当面对受损的公益时,大多会人为地将诉求进行"利害关系化"改造。但是,根据社会主义的制度本质,唯有大胆进行行政公益诉讼的制度创设,民众才更能接近法律层面上的"主人翁"地位,担当起"当家做主"的法律责任。我国未来行政公益诉讼的运行应与案例指导制双翼驱动,亦仰赖社会多元主体的生成,更无法脱离法治建设特别是司法改革的整体推进。

Public interest litigation system is in a certain dilemma condition that swinging from side to side since it construction ：That is how to realize the theory connecting with the traditional lawsuit especially the plaintiff qualification, and how to scientifically define the applicable reasonable boundary. When facing damaged public interest, most people often reformed the appeal artificially to ＂interested relationship＂ .But, Only according to the nature of the socialist system, boldly creating the administrative public interest litigation system, people could more access to legal level status as a ＂ masters＂ and afford the legal responsibility of ＂master of their own affairs＂ .In the future ,the operation of the administrative public interest litigation in our country should be two wings droved with case guidance , also depends on the generation of the plural subjects in our society, which more tightly connected with the construction of the rule of law, especially the whole advancement of judicial reform.