行政公益诉讼制度优化的三个转向

我国行政公益诉讼司法实践经历了地方探索、改革试点、全面法治三个阶段,法律体系初步建立,但在受案范围、起诉主体、诉前程序、举证责任等方面仍存在诸多缺漏。优化我国行政公益诉讼制度,应实现三个转向:立法模式实现从包容论向独立论的转变,诉讼类型实现从救济型诉讼向预防型诉讼的转变,规则构建实现从粗陋向细化的转变。通过制定《公益诉讼法》进一步拓展行政公益诉讼的受案范围,逐步放宽起诉主体资格,厘清检察机关在行政公益诉讼中的功能定位、身份职责和价值目标,明确检察建议法律定位、细化检察建议规则、健全程序衔接制度,并根据作为类和不作为类案件类型分别构建行政公益诉讼举证责任分配规则。

Three Turns in the Optimization of Administrative Public Interest Litigation System

The judicial practice of administrative public interest litigation in my country has experienced three stages: local exploration, reform pilots, and comprehensive rule of law. The legal system has been initially established,but there are still many deficiencies in the scope of case acceptance,prosecution subject,pre-litigation procedures,and burden of proof. To optimize my country ’ s administrative public interest litigation system,three changes should be realized: the legislative model has changed from inclusiveness to independence,the type of litigation has changed from relief litigation to preventive litigation,and the construction of rules has changed from crude to detailed. We should further expand the scope of administrative public interest litigation cases through the formulation of the Public Interest Litigation Law,gradually relax the qualifications of the prosecution subject,clarify the function positioning,identity responsibilities and value goals of the procuratorial agency in administrative public interest litigation,and clarify the legal positioning and refinement of procuratorial recommendations procuratorial suggestion rules,a sound procedural connection system,and the allocation of the burden of proof in administrative public interest litigation shall be constructed according to the types of actions and omissions.