行政公益诉讼制度的构建思考——以客观诉讼与主观诉讼为视角

On the Construction ofAdministrative Public Interest Litigation System—From the Perspective of Objective and Subjective Litigation

摘要: 行政公益诉讼在经过两年的试点之后在2017年被纳入到了行政诉讼法之中。行政公益诉讼的建立是我国顺应时代变化需求的必然之举，然而其设立在行政诉讼法之中的不协调性却给实践造成了困难。其根本问题在于性质上的不同，即行政公益诉讼的客观诉讼性质与行政诉讼法主观诉讼性质的矛盾。只有认清基本矛盾所在，才能化解矛盾，推进行政公益诉讼的制度完善。

Abstract: Administrative public interest litigation was incorporated into the administrative Procedure Law in 2017 after a two-year trial. The establishment of administrative public interest litigation is an inevitable way to adapt to the changing needs of The Times. However, its establishment in the administrative procedure law is inconsistent, which causes difficulties in practice. The fundamental problem lies in the difference in nature, that is, the contradiction between the objective litigation nature of administrative public interest litigation and the subjective litigation nature of administrative procedure law. Only by recognizing the basic contradictions, can we resolve them and im-prove the system of administrative public interest litigation.