巢湖学院学报2025，Vol.27Issue(2)：17-24,45,9.DOI:10.12152/j.issn.1672-2868.2025.02.003
行政公益诉讼起诉条件的实践回探与完善对策
The Practice Exploration and Improvement of the Prosecution Conditions of Administrative Public Interest Litigation
摘要
Abstract
Administrative public interest litigation is gradually maturing.Through a systematic review of nearly three years of legislative and judicial practices related to administrative public interest litigation,several issues have been identified regarding the conditions for prosecution:the incomplete fulfillment of procuratorial suggestions,the low threshold for determining defendant eligibility,the improper combination of types of litigation requests,the superfi-cial examination of prosecution periods,and the absence of judicial review of prosecution conditions by people's courts.To address the deviation in the prosecution conditions of administrative public interest litigation in practice,and in light of the recent legislative developments in procuratorial public interest litigation,it is essential to clarify the formal requirements for transitioning from pre-litigation procedures to litigation processes and to standardize the prosecution period as a key requirement for prosecution.Additionally,procuratorial organs should revert to their role in legal supervision,while judicial organs should maintain an objective and neutral review of prosecution conditions.关键词
行政公益诉讼/起诉条件/检察公益诉讼法/法律监督Key words
administrative public interest litigation/conditions for prosecution/procuratorial public interest litiga-tion law/legal supervision分类
社会科学引用本文复制引用
张娟,刘思雅..行政公益诉讼起诉条件的实践回探与完善对策[J].巢湖学院学报,2025,27(2):17-24,45,9.基金项目
国家社会科学基金一般项目(项目编号:18BFX057) （项目编号:18BFX057）
