检察机关提起行政公益诉讼的相关问题探析

行政公益诉讼制度是基于我国国情的一项诉讼制度设计,基于《行政诉讼法》的修改完善以及司法机关试点工作实践,其基本制度框架已经建立,但其受案范围的界定、起诉条件等仍不完善,在诉讼实践中行政公益诉讼启动条件模糊、诉讼程序设计不合理等问题较为突出。我国应该明确检察机关作为原告的角色定位,适当扩大受案范围,逐步完善“诉前检察建议+正式提起诉讼”的“双轨”运行制度,探索建立多渠道的案件信息共享及线索移送机制,从而更好地完善我国的行政公益诉讼制度。

Analysis of Related Problems of Public Interest Litigation Brought by Procuratorial Organs in China

Based on Chinese national conditions, the basic institutional framework of administrative public welfare litigation has been constructed in the revision of the Administrative Procedure Law and other laws by the legislature and judicature in the exploration of pilot work. However, the relevant legislation such as the definition of the scope of the case and the conditions for prosecution are still incomplete. The problems such as vague conditions for initiation in litigation practice and unreasonable procedural design are more prominent. There are also controversies in the academic circles in our country, so it is necessary to conduct in-depth research. We should clearly define the role of procuratorial organs as plaintiffs, appropriately expand the scope of accepting cases, gradually improve the "two-track" operating system of "pre-prosecution procuratorial recommendations + formal filing of lawsuits", and explore the establishment of a multi-channel mechanism for sharing case information and transferring clues. Therefore, the administrative public interest litigation system of our country is improved.