我国行政公益诉讼制度的问题探析及完善建议

发布时间：2018-06-07 17:37

本文选题：行政公益诉讼 + 案件范围　；参考：《广西大学》2017年硕士论文

【摘要】：随着行政公益诉讼试点工作的进行,各地检察机关作为公益诉讼代表人,陆续在试点领域对行政机关违法侵害公共利益的案件予以调查、提起诉讼。通过发检察建议、提起行政公益诉讼,检察机关制止了一些行政机关的不法侵害行为,促使行政机关积极履行职责,使受损的公共利益得以恢复、得到补救。但由于试点时间较短、相关规定尚不健全,所以该制度在运行过程中还存在着一些问题,如行政公益诉讼案件范围过窄没有将一些侵害重大公众利益的情形考虑在内,案件线索来源单一易造成维护公共利益滞后,检察机关自身对案件的处理缺乏监督等。行政公益诉讼制度在运行中产生的问题也引起了学界的关注。学者们对行政公益诉讼的研究重心也开始从其必要性、可行性转变为对当前制度的反思与完善。通过借鉴域外行政公益诉讼制度成熟国家的相关经验,适度拓展公益诉讼案件范围,拓宽案件线索来源,对检察机关怠于履职进行规制等妥善解决当前试点工作中存在的一些问题,让更多严重损害公众权益的违法行政行为或不作为受到司法审查,使行政公益诉讼制度不断健全并发挥出理想的效果,进而推进试点工作在全国展开。正文分为五章。首先通过对光明新区渣土受纳场滑坡事件和綦江彩虹桥坍塌事件两个案例的引入,提出了当前检察机关提起行政公益诉讼制度中存在缺乏监督、案件线索来源不广等问题严重阻碍了该制度目的的实现。第二章、第三章对行政公益诉讼试点工作开展一年多以来的实施情况、问题、相关的概念进行了梳理,明确完善我国行政公益诉讼制度的意义。第四章通过对国外住民诉讼和民众诉讼两种由公民个人提起的行政公益诉讼进行对比分析,结合我国学者对赋予公民个人行政公益诉讼原告资格的研究,探讨住民诉讼制度对我国的借鉴意义。第五章针对我国行政公益诉讼试点工作在运行中存在的一些不足之处,提出相应的建议,从而完善我国的行政公益诉讼制度。
[Abstract]:With the implementation of the pilot work of administrative public interest litigation, procuratorial organs in various localities, as representatives of public interest litigation, have investigated and filed lawsuits in the pilot field of cases of illegal infringement of public interests by administrative organs. By issuing procuratorial suggestions and instituting administrative public interest litigation, the procuratorial organs have stopped the illegal infringing actions of some administrative organs, impelled the administrative organs to carry out their duties actively, so that the damaged public interests can be restored and remedied. However, because the pilot period is short and the relevant regulations are not perfect, there are still some problems in the operation of the system, such as the narrow scope of administrative public interest litigation cases, which does not take into account some cases that infringe on the major public interests. The single source of the case leads to the lagging of the public interest and the lack of supervision on the handling of the case by the procuratorial organ itself. The problems arising from the operation of the administrative public interest litigation system have also aroused the attention of the academic circles. Scholars' research focus on the administrative public interest litigation has changed from its necessity and feasibility to the reflection and perfection of the current system. By drawing lessons from the relevant experiences of mature countries in the overseas administrative public interest litigation system, we can appropriately expand the scope of public interest litigation cases and broaden the sources of case clues. We should properly solve some problems existing in the current pilot work, such as regulating the procuratorial organs' laziness in carrying out their duties, so that more illegal administrative acts or omissions that seriously harm the public's rights and interests are subject to judicial review. Make the administrative public interest litigation system perfect and give full play to the ideal effect, and then promote the pilot work to be carried out in the whole country. The text is divided into five chapters. First of all, through the introduction of two cases, the landslide incident in the residuum receiving yard in Guangming New District and the Rainbow Bridge collapse incident in Qijiang, it is pointed out that there is a lack of supervision in the administrative public interest litigation system initiated by the procuratorial organs at present. Such problems as the limited sources of case clues seriously hinder the realization of the purpose of the system. The second chapter, the third chapter of the administrative public interest litigation pilot work since the implementation of more than a year of implementation, problems, related concepts are combed, clear and perfect our administrative public interest litigation system significance. In the fourth chapter, the author makes a comparative analysis of the two kinds of administrative public interest litigation brought by the citizen and the resident lawsuit from abroad, combining with the research on the plaintiff qualification of the citizen's individual administrative public interest lawsuit by Chinese scholars. This paper discusses the reference significance of resident litigation system to our country. In the fifth chapter, some suggestions are put forward to perfect the system of administrative public interest litigation in our country in view of some deficiencies in the operation of the trial work of administrative public interest litigation in our country.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3

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