行政公益诉讼的缺失与补正

我国已有的行政诉讼制度因其对原告资格的严格限定而导致行政公益诉讼的缺失,致使当行政机关的违法行为损及社会公共利益时,公民无法通过司法手段监督行政行为。在我国,建立行政公益诉讼制度既有其法理基础,又有其现实依据,为我国法治建设所必须。但行政公诉制度的建立并非要彻底否定现有的行政诉讼制度,较为实际的做法是通过司法解释在现有的行政诉讼框架内作出适当的补正。

Imperfection and repair of administrative public-interest litigations

The administrative litigation system of our country causes administrative public-interest litigant imperfection because of strict limits of plaintiff qualifications.Citizens can't direct administration behavior through the judicial means when illegal acts of administrative organizations damage social public benefits.In our country, establishing the system of administrative public-interest litigation not only has its foundation of jurisprudens,but also has its actuality basis.It is necessary for the development of ruling by law of our country. But establishing the system of administrative public-interest litigation does not necessarily negate current administrative litigation system ,the actual way is to repair it appropriately in current administrative litigation frame through judicatory explaining.