行政公益诉讼程序问题研究

Study of Litigation Procedures of Administrative Public Welfares

近年来,行政机关不依法履职而损害公益的现象并不罕见,但与此相对应的行政公益诉讼在我国立法上尚无明确规定。党的十八届四中全会指出要"探索建立检察机关提起公益诉讼制度",这给建立我国行政公益诉讼制度提出了明确要求。实践中,各地对公益诉讼制度进行了不同程度的探索,但就如何提起行政公益诉讼尚未有定论。结合行政公益诉讼的实践,就提起行政公益诉讼程序的相关问题及制度设计提出了建议。

In recent years,it is not uncommon that the administrative organs impair the public welfares due to their failure of legally performing their duties,but the corresponding legislation opposing the mal- administrative public welfares has not been clearly stipulated in our country＇ s legislative provision. It was pointed out at the Fourth Plenary Session of the 18 th CPC Central Committee that ＂ There is need to explore and establish a public welfare prosecution litigation system ＂,which advocated a specific requirements for instituting an administrative public interest litigation system. In routine practice,there are different degrees of exploration on the establishment of administrative public welfare litigation. However,there is not yet a definition on how to bring the administrative public interest litigation. This paper,combined with the practice of administrative public interest litigation,puts forward some suggestions on the related problems and system design of the administrative public interest litigation procedures.