论行政公益诉讼中的诉判关系
中图分类号］D922.68 [文献标识码］A [文章编号]1008-1763（2025）05-0131-09
The Litigation and Judgment Relationship in Administrative Public Interest Litigation
ZHAN Shangang1'² ，RONG Jinkun² （1.Research Institute of Environmental Law，Wuhan University，Wuhan 43Oo72，China; 2.School ofLaw，WuhanUniversity，Wuhan43oo72，China）
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-judgment 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 consistency. 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 proportionate approach to the scope of the judgment is required.
Key words： administrative public interest litigation; claim-judgment relationship；consistency betweer claims and judgments; inconsistency between claims and judgments
一 问题的提出
诉判关系在程序法上通常指诉讼请求和法院判决之间的关系，这种关系通常可以用诉判一致和诉判不一致来表示。（剩余13102字）
