拓展行政公益诉讼案件范围以解决实质性地方治理问题

Expanding the Scope of Administrative Public Interest Lawsuit Cases to Address Substantive Local Governance Issues

在我国的法治语境中,公共利益是国家政策实施过程中立法创制与司法介入的法律修辞。由检察机关提起行政公益诉讼是诉讼格调的基本保证。拓展行政公益诉讼的案件范围并非为了将某类具体利益纳入到公共利益的范畴,给予司法保护,而是为了解决实质性的地方治理问题。拓展行政公益诉讼的案件范围应当以修复法律秩序为旨趣,依循行政过程性规制的逻辑,并深入行政裁量。由此,可以推求出嵌入地方的预防治理模式。但是,还需要变更行政公益诉讼的起诉条件,介入行政监管计划形成实质审查标准,以及改塑检察系统内部的绩效导向,兹以作为供给机制。

In China’s context of the rule of law, public interest is the legal rhetoric used in legislative initiative and judicial intervention during the implementation of national policies, while filing administrative public interest lawsuits by procuratorial organs is the basic guarantee of the litigation. The expansion of the scope of these lawsuits cases is not to bring a specific type of interest into the public interest for judicial protection, but to address substantive local governance issues. Such an expansion should be designed to amend the legal order,and follow the logic of administrative procedural regulation and effectively exercise administrative discretion.In this way, it is possible to deduce a preventive administration model embedded in regional contexts. However,there is also a need to change the prosecution conditions of the administrative public interest lawsuits, form substantive standards of review through the intervention in administrative regulatory schemes and reshape the performance orientation within the procuratorial system, which should hereby be used as a supply mechanism.