行政滥诉的构成及规制

The Constitution and Regulation of Administrative Litigation Abuse

行政诉讼实践中出现的滥诉现象即行政滥诉。行政滥诉以权利相对性理论为基础,与诉权理论紧密结合。在构成要件上,行政滥诉以拥有诉权为其前提要件,主观上要求当事人存在恶意,客观上要求有浪费司法资源的行为,结果上要求对法院和对方当事人造成了极大的损害。另外,行政滥诉以提起大量案件为手段、利益相关性认定困难、主体存在联系等特点都对行政滥诉的构成要件产生了一定的影响。在法律规制上,既要从诉讼本身规制,也要从政府信息公开机制和信访考核机制方面着手,建立信息公开收费制度,改变信访考核标准。同时,要注重滥诉规制与当事人权利保护的平衡。

Since the amendment of the administrative litigation law, the phenomenon of administrative litigationabuse has appearedin practice. It is based on the theory about the relativity of rights and it is closely combined with litigation theory. The constitution of administrative litigation abuseincludes having the right of action, subjectivemalice and behavior of wasting judicial resources which causes great damage to the court and the other party. In addition, there are some characteristics which influence the constitution of administrative action, such asfiling lots of lawsuits, difficulty in identifying theinterests relevanceand so on. To regulate the phenomenon, the subject who abuseslitigationshould be punished. We can also do something in government information disclosure systemand petition system, such as chargingfor government information disclosure and changing the assessment standards of petition. Meanwhile, we should pay attention to the balance of regulating action abuse and protecting the parties＇ rights.