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行政公益诉讼是指公民认为行政主体行使职权的行为违法,侵害了公共利益或有侵害的危险时,虽与自己无直接利害关系,但为了维护公益,而向特定机关提出起诉请求,并由特定机关依法向法院提起的行政诉讼。行政公益诉讼在我国目前还未被立法者所承认,但通过对西方法治国家行政公诉制度的考察,在我国建立行政公益诉讼制度有理论基础,是现实需要,也是国际诉讼制度发展的必然趋势。
Administrative public interest litigation refers to the citizen’s opinion that when the administrative body acts in violation of the law and infringes the public interest or has the danger of infringement, though it has no direct interest with itself, in order to safeguard the public welfare, Administrative proceedings instituted by the organ in court according to law. Administrative public interest litigation in our country has not yet been recognized by the legislators, but through the investigation of the western administrative lawsuit system of state rule of law in our country to establish a theoretical basis for administrative public interest litigation is a real need, but also the inevitable trend of the development of international litigation system.