行政公益诉讼原告资格制度的建构

将我国行政公益诉讼主体划分为以检察机关为主体的第一层级和以公民、公益代表以及其他诉讼主体为主体的第二层级,进而通过立法、法律解释等方式明确不同主体的原告资格,理顺不同层级主体原告资格之间的关系,是行政公益诉讼原告资格制度建构的可行路径。

On the Plaintiff Qualification in Administrative Public Interest Litigation

Qualification of plaintiff is a key problem in administrative public interest litigation system. The establishment of China’s administrative public interest litigation system should learn from the experience of developed countries as well as be in line with the existing results of theoretical exploration in China.To set the prosecution as the primary subject of litigation and citizens,representatives of public interest and so on as the secondary subject so as to affirm plaintiff qualification via ligislation and judicial intepretation and clarify the relationship between the primary and secondary subjects is a feasible path to construct China’s administrative public interest litigation system.