论作为行政诉讼起诉条件的“合法权益”

On "Legal Rights and Interests" as Prosecution Conditions of Administrative Litigation

合法权益作为行政诉讼上的利益关系要件,决定了当事人是否具有起诉资格,是行政诉讼上的先决问题之一,对于公民权利的保护非常重要。但目前对于合法权益的判断标准仍是比较机械的形式法治主义,难以为公民权利提供有效的保护。因此,它需要不断完善,而采用更加广义的形式法治并结合实质法治的判断标准来判断"合法权益"是一个更佳的选择。

As the elements of interest in Administrative Litigation,legal rights and interests determine whether the parties have standing to sue.It is one of the preliminary questions of Administrative Litigation,and it is very important for the protection of Civil Rights.However,the criteria for the legal rights and interests is still the mechanical formal rule of law,which cannot provide effective protection for the Civil Rights.Therefore,it needs to be constantly improved.Using the criteria of more generalized formal rule of law and the essential rule of law to judge legal rights and interests would be a better choice.