论检察机关提起行政公益诉讼的正当性

On the Justification of Public Administrative Proceedings Sued by People's Procuratorate

在我国,由检察机关提起行政公益诉讼以维护公共利益具有正当性和可行性。首先,现代诉权理论的发展为检察机关介入行政公益诉讼提供了法理依据;其次,我国现有立法为其提供了一定的法律基础;再次,检察机关拥有行政公益诉权是其公诉职能的应有之义;最后,公民、社会团体在行政公益诉讼中的局限性使赋予检察机关原告资格具有必要性。

In our country, public administrative proceedings sued by the prosecution in order to safeguard the public inter- est is justified and feasible. Firstly, the development of the modern prosecution＇s theory provides a legal basis for public administrative proceedings; Secondly, our existing legislation provides some legal basis; Thirdly, the prosecution has the right to appeal to the administrative public interest, which is the proper functioning of its public prosecution justice; Fi- nally, civil, society and organizations have difficulties in public administrative proceedings, which gives the need to qualify the prosecution＇ s plaintiff.