我国行政公益诉讼制度构建的基本理论
发布时间：2019-03-06 18:12
【摘要】：行政公益诉讼具有不同于传统行政诉讼的目的,在诉权、诉讼构造、诉讼标的等基本理论方面均表现出独特性。鉴于其属于客观诉讼,立法层面上具有更充分的塑造空间,笔者从目的论下行政公益诉讼独立运行的逻辑、诉权与主体资格序位、诉讼构造中的双重审查和第三人制度以及诉讼标的与私益诉讼阻却等方面展开分析论述,以期回应理论和实务上的困惑,为我国未来公益诉讼立法提供新的视角和参考。
[Abstract]:The purpose of administrative public interest litigation is different from traditional administrative litigation, and it is unique in the basic theories of litigation right, litigation structure, litigation object and so on. In view of its objective litigation, the legislative level has a fuller space for shaping, the author from the purpose of the independent operation of administrative public interest litigation logic, litigation rights and subject qualification prelude, In order to respond to the confusion in theory and practice, the double review and the third party system in the construction of litigation, as well as the object of litigation and the hindrance of private interest litigation, are analyzed and discussed in order to provide a new perspective and reference for the future legislation of public interest litigation in our country.
【作者单位】： 贵州省人民检察院;
【分类号】：D925.3
[Abstract]:The purpose of administrative public interest litigation is different from traditional administrative litigation, and it is unique in the basic theories of litigation right, litigation structure, litigation object and so on. In view of its objective litigation, the legislative level has a fuller space for shaping, the author from the purpose of the independent operation of administrative public interest litigation logic, litigation rights and subject qualification prelude, In order to respond to the confusion in theory and practice, the double review and the third party system in the construction of litigation, as well as the object of litigation and the hindrance of private interest litigation, are analyzed and discussed in order to provide a new perspective and reference for the future legislation of public interest litigation in our country.
【作者单位】： 贵州省人民检察院;
【分类号】：D925.3
【相似文献】
相关期刊论文 前10条
1 裘t，
本文编号：2435780
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2435780.html
