检察机关参与行政公益诉讼的角色定位
发布时间：2018-07-24 15:46
【摘要】：关于检察机关参与行政公益诉讼的角色定位,原告人说难与客观义务相融,公益代表人说源于对域外制度和理论的"剪裁",公诉人说囿于制度调和而难以扩展,只有法律监督者说兼具制度基础和司法实践支撑。以法律监督而不是公益代表为本位的行政公益诉讼,意味着权力之间平衡制约的新型关系形成,对实现行政权力行使的法治化及监督制度本身的克制与平衡,具有非常重要的意义。对此,需加强"检察建议、行政公益诉讼"二元监督模式的参与和民主要素,暂缓采用客观诉讼理论,明确诉前程序的价值和定位,逐步完善我国的行政公益诉讼制度。
[Abstract]:As to the role orientation of procuratorial organs in administrative public interest litigation, the plaintiff says that it is difficult to blend with objective obligations, the public welfare representative says that it originates from the "tailoring" of the extraterritorial system and theory, and the public prosecutor says that it is difficult to expand because of the system harmony. Only the legal supervisor theory has the system foundation and the judicial practice support. The administrative public interest litigation, which is based on legal supervision rather than public welfare representative, means the formation of a new relationship of balance and restriction between the powers, and the restraint and balance of the administrative power exercise of the rule of law and the supervision system itself. Of great significance. Therefore, it is necessary to strengthen the participation and democratic elements of the dualistic supervision mode of "Procuratorial suggestion, Administrative Public interest Litigation", to suspend the use of objective litigation theory, to clarify the value and orientation of the pre-litigation procedure, and to gradually perfect the administrative public interest litigation system in our country.
【作者单位】： 山东大学法学院;
【分类号】：D925.3
[Abstract]:As to the role orientation of procuratorial organs in administrative public interest litigation, the plaintiff says that it is difficult to blend with objective obligations, the public welfare representative says that it originates from the "tailoring" of the extraterritorial system and theory, and the public prosecutor says that it is difficult to expand because of the system harmony. Only the legal supervisor theory has the system foundation and the judicial practice support. The administrative public interest litigation, which is based on legal supervision rather than public welfare representative, means the formation of a new relationship of balance and restriction between the powers, and the restraint and balance of the administrative power exercise of the rule of law and the supervision system itself. Of great significance. Therefore, it is necessary to strengthen the participation and democratic elements of the dualistic supervision mode of "Procuratorial suggestion, Administrative Public interest Litigation", to suspend the use of objective litigation theory, to clarify the value and orientation of the pre-litigation procedure, and to gradually perfect the administrative public interest litigation system in our country.
【作者单位】： 山东大学法学院;
【分类号】：D925.3
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