我国行政公益诉讼胜诉判决检视

The Inspection of Lawsuits in Favor of Administrative Public Interest Litigation in China

实践表明检察机关在行政公益诉讼中呈现极高的胜诉率。按照权力配置,对公益的维护,应先行政后检察,过高的胜诉率可能产生的直接后果是行政机关与检察机关职能错位,检察机关代替行政机关行政。另一方面,在过高的胜诉判决中,主要类型是确认违法判决,在行政机关已经依法履职情况下,确认违法之诉并无实质意义,反而是对公共资源的无谓消耗。基于此,行政公益诉讼的发展应回归理性,即公益诉讼制度设立的初衷是形成保护公益的意识和合力,如通过其他手段已然实现了这一初衷,就没有必要通过诉讼的手段来确认。

Practice shows that the procuratorates keep a high winning rate in the administrative public interest litigation.On the one hand,according to the allocation of power,the mission of maintaining the public welfare should be preceded by administrative organizaitons rather than the procuratorates.The direct consequence of the excessively high winning rate is the displacement of the administrative and procuratorial work,leading to the administrative dislocation.On the other hand,the main type of winning judgments is the confirmation of illegitimacy.However,the confirmation of illegitimacy has no significance when the administrative organizaion has fully performed its duties.In other words,it can be considered a waste of public resources.On this basis,the development of administrative public interest litigation should return to rationality;i.e.,the original intention of the public interest litigation system is to synthesize the consciousness and joint force to protect the public interest.And there is no need to realize the intention through litigation if it has been realized by other means.