摘要
我国行政公诉不同于西方国家行政公诉的特点,我国行政公诉既是一种公力救济,又具有典型的监督属性,它始终以公权力监督为贯穿主线,体现为对行政权的直接监督、有限监督。从公共利益优先权和公力救济有限性的角度界定行政公诉的范围,将督促行政主体履行职责作为提起行政公诉的前置程序,以节省诉讼成本,提高监督效率。基于检察机关拥有特别的公权力,检察监督具有明显的司法性、专门性、专业性,以及为了防止行政公诉的恣意,诉讼中应当以检察机关负举证责任为原则,行政机关仅对其控制的行政信息情报、规范性文件以及公害案件涉及的高度专业性、技术性问题负责举证。
This paper sets forth the based on analyzing different charact constitutional orientation of prosecutorial power in China, eristics of public administrative prosecution in China and in the West. Administrative department social fields. This paper considers pu relief with a typical property of super has a dilation nature and it concerns different aspe blic administrative prosecution in China as a kind vision. Public supervision has an essential nature administrative prosecution in China. This paper discusses prosecution from the viewpoint of commonwealth pref administrative department to perform its responsibilit of supervisory efficiency and economizing the litig sovereignty and initiative of th administrative prosecution has The the prosecutorate organization e ad no f will society. The law should endow ministrative unction, the erenc the boundary of e and limitation o y as a preposition proc ation cost, which ca department. prosecution be present in court to p the prosecutorate organ cts of the of public of public public administrative f public relief, urging edure for the purpose n also elaborate the If the position procedure is the last line of defense rotect the benefit of the co ization with the power to o of public of relief. untry ppose and the judgment, which can strengthen the effectiveness of public relief to prevent regional protectionism and administration of judicial power. The burden of proof in general litigation isn＇t applicable in public administrative prosecution, as prosecutorate organization holds special public power. In principle, the prosecutorate organization should take on the burden of proof in litigation so as to avoid arbitrariness of public administrative prosecution, as the supervisory of prosecutorate organization has an evidence of judicature, specialization and technicality. Administrative department should only bear the burden of proof on such things as administrative information, normative documents and environmental public nuisance suits which concern high specialization and high technical problems.
出处
《浙江大学学报（人文社会科学版）》
CSSCI
2007年第2期43-51,共9页
Journal of Zhejiang University:Humanities and Social Sciences
关键词
行政公诉
范围
程序
举证责任
public administrative prosecution
range
procedure
burden of proof
