行政公诉属于行政公益诉讼范畴,与传统“诉的利益”理论方枘圆凿,也与我国现行行政诉讼法原告资格标准相去甚远。但这并不能成为建立行政公诉制度不可逾越的障碍。行政诉讼“诉的利益”的公益性及检察官公共利益代理人的身份,是构建行政公诉制度的两大天然理论基石。前者解决了与本案无利害关系人参加诉讼的原告资格问题,后者给出了由检察机关提起行政诉讼的充分理由。 Administrative public prosecution belongs to the category of administrative public interest litigation, which is in line with the traditional theory of “interest of litigation” and also falls far short of the eligibility criteria of the plaintiff in the current administrative procedure law in our country. However, this can not become an insurmountable obstacle to the establishment of administrative public prosecution system. The commonweal of administrative lawsuit “interest of lawsuit ” and the public prosecutor ’s public interest are the two cornerstones of natural theories in constructing the system of administrative prosecution. The former solved the plaintiff’s qualification with no interested parties participating in the lawsuit in the present case, and the latter gave sufficient reasons for the administrative proceedings initiated by the procuratorial organ.