中国行政诉讼明确“诉的利益”必要性分析——以信息公开行政诉讼为视角

Analysis on the Necessity of Clarifying “Litigation Interests” in China’s Administrative Litigation—Based on the Perspective of Administrative Litigation of Information Disclosure

行政诉讼诉的利益在中国司法实践中发挥着保护新兴权利需要的积极功能和规制诉权形式的消极功能的双重作用。司法机关在信息公开行政诉讼中也开始针对案件的诉的利益进行识别和判断,且将其认定为衡量案件能否进行实质审理的重要因素。但是实务界对于诉的利益的构成要素及判断依据尚未形成统一标准,这直接导致了司法裁判中出现要素混用及乱用等问题。因此,亟需厘清行政诉讼诉的利益制度,以应对日后的司法适用。

In China’s judicial practice, the interests of administrative litigation play the dual roles of the positive function of protecting emerging rights and the negative function of regulating the form of litigation right. In the administrative litigation of information disclosure, judicial organs also began to identify and judge the interests of the litigation of the case, and identified it as an important factor to measure whether the case can be tried in substance. However, there is no unified standard for the elements and judgment basis of litigation interests in practice, which directly leads to problems such as mixed use and misuse of elements in judicial adjudication. Therefore, it is urgent to clarify the interest system of administrative litigation in order to cope with the future judicial application.