行政公益诉讼诉前程序与行政争议实质化解决

The Pre-litigation Procedures of Administrative Public Interest Litigation and the Substantive Settlement of Administrative Disputes

行政公益诉讼所解决问题属于行政争议的范畴,其与一般的行政争议只是在争议主体、争议的问题以及争议的解决程序上有所区别,但究其本质,其是对行政权力行使进行有效监督的重要途径,在一定程度上弥补了对于行政机关不作为行为的监督不足的情况。从行政公益诉讼的“双阶构造”理论出发,针对当前实践中存在的诉前程序实施领域模糊、案件处理困境以及监督机制缺位的问题,基于检察视野,对行政公益诉讼诉前程序扩大提请主体和提请受案范围、构建诉前程序分流模式以及落实诉前程序的后续监督机制提出相关的完善建议。此外,行政权的行使有其独立性,因此通过检察权对行政权进行监督时,公益诉讼具有与其他行政诉讼不同的诉讼构造,但监督的目的在于公益的保护和实现,因此除了一般的裁判解决外,通过诉前的督促程序,促使行政主体依法履职尽责,是公益诉讼制度发挥其应有价值的实现途径之一。

The problems resolved by administrative public interest litigation also belong to the category of administrative disputes.They are different from general administrative disputes only in terms of the subject of the dispute,the issue of the dispute,and the dispute resolution procedure.However,in essence,it is also effective for the exercise of administrative power.The important way of supervision,to a certain extent,makes up for the lack of supervision over the omissions of administrative agencies.Starting from the“two-stage structure”theory of administrative public interest litigation,in response to the current practice of the vagueness of the implementation of pre-litigation procedures,the difficulty of case handling,and the absence of supervision mechanisms,based on the procuratorial perspective,expand the subject and scope of submission and acceptance of the administrative public interest litigation procedures,and build a pre-litigation procedural diversion model as well as the follow-up supervision mechanism for the implementation of the pre-litigation procedures,relevant suggestions for improvement are put forward.The aim is to give full play to the combined power of administrative power and procuratorial power to promote the realization of the substantive resolution of administrative disputes in the field of administrative public interest litigation.Administrative public interest litigation is different from the closed nature of general administrative litigation interest disputes.The radiation of litigation results and the far-reaching impact of litigation are of great significance to the adjustment of national policies,the provision of public services,and the changes in social welfare.The exercise of administrative power has its independence.Therefore,when supervising administrative power through procuratorial power,public interest litigation has a different litigation structure from other administrative litigations,but the purpose of supervision is to protect and realize the public interest.So in addition to general judicial settlement,it is one of the ways that the public interest litigation system can realize its due value through the pre-litigation supervision process to encourage the administrative body to perform its duties according to the law.