行政公益诉讼第三人的理论证成及规则建构

On the Theoretical Proof and Rule Construction of the Third Party in Administrative Public Interest Litigation

在行政公益诉讼中,被诉行政行为所指涉的公民、法人或其他组织是否具有诉讼主体资格在法律上并不明确,导致理论和实践存在分歧。这类主体与案件诉讼标的、诉讼结果存有利害关系,应当赋予其第三人的诉讼地位。第三人参与行政公益诉讼既与“公益保护”“督促依法行政”的诉讼目的相耦合,又具备节约司法资源、查清案件事实、保护第三人权益等实践意义。第三人认定标准和请求权范围应根据行政公益诉讼的客观诉讼属性进行建构,需同时满足“与案件所涉行政行为或案件结果有公益关联性的利害关系”,及“其权利义务可能会被法院一并裁判”两项标准,其诉讼请求应当符合行政公益诉讼之目的,围绕“公共利益认定”和“依法履职认定”展开,以避免造成主客观诉讼审理混乱。

In administrative public interest litigation,it is not clear in law whether the citizens,legal persons,or other organizations involved in the sued administrative action have the qualification of litigation subjects,leading to differences in theory and practice.However,such subjects have a interest in the subject matter and outcome of the case,and should be given the status of a third party in litigation.The participa-tion of third parties in administrative public interest litigation is not only coupled with the litigation purposes of"public interest protection"and"supervising administration according to law",but also has practical significance in saving judicial resources,clarifying case facts,and protecting the interests of third parties.The identification standard of the third party and the scope of claim rights should be constructed according to the objective litigation nature of administrative public interest litigation.It is necessary to meet both the criteria of"having a public interest relationship with the administrative act or result involved in the case'and"their rights and obligations may be judged by the court together".The litigation request should be in line with the purpose of administrative public interest litigation,focusing on"determination of public inter-est"and"determination of legal performance"to avoid confusion in subjective and objective litigation pro-ceedings.