湖南大学学报（社会科学版）2025，Vol.39Issue(5)：131-139,9.DOI:10.16339/j.cnki.hdxbskb.2025.05.015
论行政公益诉讼中的诉判关系
The Litigation and Judgment Relationship in Administrative Public Interest Litigation
摘要
Abstract
At present,all three major procedural laws in China adhere to the principle of consistency between claims and judgments,albeit to varying degrees.In administrative litigation,the relationship between claims and judgments differs from that in civil and criminal proceedings.Unlike civil litigation,which emphasizes a high degree of alignment-where judgments are expected to directly respond to the plaintiff's claims and unlike criminal proceedings,where courts exercise greater discretion and are not strictly bound by the charges and sentencing recommendations brought by the prosecution,administrative litigation occupies an intermediate position.Administrative public interest litigation,as a distinct form of administrative litigation,presents unique characteristics that tend to weaken the rigidity of the claim-judg-ment consistency principle.In practice,the patterns of the relationship between claims and judgments in APIL may take several forms:strict consistency,modified consistency,inconsistency,or partial consisten-cy.A judgment that strictly aligns with the claims is not necessarily reasonable.People's courts should dare to correct inappropriate claims advanced by procuratorates.The occurrence of modified consistency should be minimized,while acknowledging the legitimacy of inconsistent outcomes.When inconsistency arises,courts must ensure the accuracy of their rulings.In cases of partial consistency,a balanced and pro-portionate approach to the scope of the judgment is required.关键词
行政公益诉讼/诉判关系/诉判一致/诉判不一致Key words
administrative public interest litigation/claim-judgment relationship/consistency between claims and judgments/inconsistency between claims and judgments分类
社会科学引用本文复制引用
占善刚,荣锦坤..论行政公益诉讼中的诉判关系[J].湖南大学学报（社会科学版）,2025,39(5):131-139,9.基金项目
教育部人文社会科学重点研究基地重大项目:新时代生态文明建设司法保障与服务的完善研究(22JJD820014) （22JJD820014）
