行政公益诉讼第三人范围之厘定

Determination of the Scope of the Third Party in Administrative Public Interest Litigation

我国行政公益诉讼自2017年全面推行以来已有5年,虽然在此期间这一制度有了长足的发展,但是立法上对于行政公益诉讼第三人的规定仍不明确,司法上对第三人的认定仍存在较大争议。究其原因,主要是主客观诉讼的差异性与“利害关系”概念的不明确性致使第三人范围难以确定。因此,立足行政公益诉讼本身,第三人范围还需重新厘定:违法行为人因其与案件之间的紧密联系可以成为第三人参诉;受违法行为侵害的民事主体应单独起诉维护权益,不宜成为第三人;被告之外的其他行政机关应作为共同被告参诉或由检察机关单独起诉,不适合以第三人身份参诉。

It has been 5 years since China’s administrative public interest litigation was fully implemented in 2017.Although this system has made great progress during this period,the provisions on the third party in administrative public interest litigation are still unclear in legislation,and there are still great disputes on the judicial identification of the third party.The main reason is that the difference between subjective and objective litigation,and the ambiguity of the concept of“interest relationship”,make it difficult to determine the scope of the third party.Therefore,based on the administrative public interest litigation itself,the scope of the third party needs to be redefined:the offender can be a third party in the litigation due to the close connection between him and the case;the civil subject infringed by the illegal act should prosecute separately to safeguard its rights and interests,and it is not suitable to become the third party;other administrative organs other than the defendant should participate in the lawsuit as co-defendants or be prosecuted by the procuratorate alone,and it is not suitable for them to participate in the lawsuit as the third party.