我国行政公益诉讼的起诉主体研究

发布时间：2018-04-26 13:36

本文选题：行政公益诉讼 + 起诉主体资格　；参考：《河北大学》2016年硕士论文

【摘要】：随着经济社会的快速发展,行政机关职权的不断扩大,行政机关在行政执法过程中不执行法律政策、滥用职权、行政垄断、玩忽职守等不作为、乱作为问题已屡见不鲜,不但损害了政府形象和法律尊严,同时也给国家和社会公共利益造成了重大损失。公民个人合法权益受到行政机关侵害后可以向人民法院提起行政诉讼,但是对于不特定大多数人的社会公共利益被行政违法行为损害后,由谁来维护则需要一种专门的诉讼制度来保障,行政公益诉讼制度应运而生。行政公益诉讼制度主要包括起诉主体、受案范围、举证责任、诉讼程序、责任承担以及与其他诉讼的关系。其中,行政公益诉讼起诉主体的确定是需要解决的首要问题。党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》中明确提出“探索检察机关提起公益诉讼制度”,这为检察机关作为行政公益诉讼起诉主体指明了方向。探索建立检察机关作为起诉主体的行政公益诉讼制度不仅可行而且十分必要。行政公益诉讼是指公民、法人、其他组织认为行政主体不行使职权或者在行使职权过程中存在违法行为,侵害了国家、社会公共利益或者有侵害的可能时,该行为或结果虽与自身无直接利害关系,但为维护国家或社会公共利益,而由个人或者法律规定的专门机关向人民法院提出诉讼请求,由法院按照行政诉讼程序依法审判的活动。世界很多国家都建立了行政公益诉讼制度,各国根据本国历史以及国情不同,对于行政公益诉讼起诉主体的规定也各不相同。从我国现状来看,当前公民和社会组织作为行政公益诉讼起诉主体还存在许多现实问题,检察机关作为国家法律监督机关,其提起行政公益诉讼在法律定位、可行性和功能效果上都有明显的优势。行政公益诉讼与传统行政诉讼、代表人诉讼等既有联系又有区别,在证据制度上,检察机关提起行政公益诉讼享有独立的调查取证权,在诉讼程序上一般应当设置前置程序,对受案范围也应做出必要的界定,检察机关提起行政公益诉讼有许多具体问题需要分析研究,进行制度完善。
[Abstract]:With the rapid development of the economy and society, the expansion of the power of the administrative organs, the administrative organs do not carry out the legal policy, abuse of power, administrative monopoly, neglect of duty and other inaction in the process of administrative law enforcement. It not only damages the image of the government and the dignity of the law, but also causes great losses to the public interest of the country and society. If the legitimate rights and interests of an individual citizen are infringed upon by an administrative organ, he may file an administrative suit in a people's court. However, if the social and public interests of a non-specific majority of the people are infringed by an administrative illegal act, Who will maintain the need for a special litigation system to protect, the administrative public interest litigation system emerged as the times require. The administrative public interest litigation system mainly includes the subject of prosecution, the scope of the case, the burden of proof, the procedure, the responsibility and the relationship with other litigation. Among them, the determination of the main body of administrative public interest litigation is the first problem to be solved. The "decision of the CPC Central Committee on comprehensively promoting the Rule of Law on several important issues", adopted by the fourth Plenary session of the 18th CPC Central Committee, explicitly states "to explore the system of public interest litigation by procuratorial organs." This pointed out the direction for the procuratorial organ as the subject of administrative public interest litigation. It is not only feasible but also very necessary to establish the administrative public interest litigation system of procuratorial organ as the main body of prosecution. Administrative public interest litigation refers to citizens, legal persons and other organizations who believe that the administrative subject does not exercise its functions and powers or that there are illegal acts in the course of exercising its functions and powers, which infringe upon the public interests of the state or society or are likely to be infringed upon, Although the act or result has no direct interest in itself, in order to safeguard the national or public interests, the individual or the specialized organ prescribed by law shall file a suit with the people's court, Activities to be tried by the court in accordance with the administrative procedure. Many countries in the world have established the administrative public interest litigation system. According to their national history and national conditions, different countries have different regulations on the subject of administrative public interest litigation. Judging from the current situation of our country, there are still many practical problems existing in the prosecution of administrative public interest litigation by citizens and social organizations. The procuratorial organ, as the national legal supervision organ, has the legal position to initiate administrative public welfare litigation. There are obvious advantages in feasibility and functional effect. Administrative public interest litigation is related to and different from traditional administrative litigation and representative litigation. In the system of evidence, procuratorial organs have independent right to investigate and collect evidence in administrative public interest litigation. It is necessary to define the scope of accepting cases, and there are many specific problems to be analyzed and studied in order to perfect the system of procuratorial organs to file administrative public interest litigation.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.3

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