关于构建我国药品管制行政公益诉讼制度的探讨

随着依法治国与依法行政的实质性开展，公民法制观念不断增强，对于权益的保护意识逐步从私益向公益延伸。近年来药品安全事件频发，传统侵权损害诉讼模式已经无法满足公益保障需求，为避免药品管制过程中行政权力滥用与不作为情况的发生，药品管制行政公益诉讼制度的建立几成定局。基于此，应当依托当前修改行政诉讼法的大背景，以药品管制行政公益诉讼制度为研究对象，对原告主体资格认定、制度模式、举证责任以及奖惩措施等问题提出具体设计。

Exploration on the Establishment of a Public Administrative Litigation System for Pharmaceutical Control in China

With the substantive development governing the country by law and administration by law in China,the awareness of citizens has been increasingly enhanced and their awareness of interest protection has been extended from the private interest to the public interest.Recently,a great number of accidents concerning drug safety took place in China and traditional ligation modes are not adequate to meet the demand of public interest protection.To avoid the abuse and inaction of administrative power,the establishment of a public administrative litigation system for pharmaceutical control in China has become inevitable.In view of this development,on the basis amendment of administrative litigation law,we examined the public administrative litigation system for pharmaceutical control and proposed some suggestions concerning the qualification recognition of plaintiff,system modes,burden of proof,rewards and punishment and other issues.