刍议行政诉讼中的诉之利益

诉之利益是诉讼法学的一个基本理论范畴 ,在行政法学界却没有得到应有的重视。简单说 ,诉之利益是权益受到侵害或者发生纠纷时 ,需要运用诉讼予以救济的必要性。对诉之利益的把握 ,关键是对利益的界定。不同的行政诉讼种类 ,诉之利益的认定不同。诉之利益是一个与诉、诉权、原告资格和受案范围密切相关的概念。在行政诉讼中 ,它发挥着判决形成权利的机能。

Interests of Action in Administrative Procedural Law

Interests of action, which is a fundamental theory of procedural law, doesn't get its due attention in the circles of administrative law. In a word, it is a necessity of employing action when people's rights and interests are encroached on. The definition of interests is vital for understanding the interests of action. There are different acknowledgements of the interests for different administrative action. The interests are closely related to action, right of action, qualifications of the plaintiff and category of cases. In administrative action, it plays a role of forming rights by judgement.