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行政公益诉讼作为一种新型的诉讼制度,与一般的行政诉讼相比,其具有保护公共利益和社会利益的独特功能。我国诉讼的司法实践只设立了保护公民、法人和其他组织合法权益的私益诉讼,而无保护公共利益的行政公益诉讼。本文在论述行政公益诉讼理论依据和现实依据的基础上,借鉴国外法治国家的经验,提出了在我国确立行政公益诉讼制度的一些看法。
As a new litigation system, administrative public interest litigation has unique functions of protecting public interests and social benefits compared with general administrative litigation. The judicial practice of China’s litigation only sets up private lawsuits to protect the legitimate rights and interests of citizens, legal persons and other organizations, but there is no administrative public interest litigation that protects the public interest. Based on the theoretical basis and practical basis of administrative public interest litigation, this article draws on the experience of foreign countries under the rule of law and puts forward some views on the establishment of administrative public interest litigation system in our country.