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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之虞时,虽与自己无直接利害关系,但为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。文章在考察西方国家行政公益诉讼制度的产生和现状之基础上,探讨了这一制度存在的理论基础和现实依据,并对我国建构该制度的相关问题提出了初步建议。
Administrative public interest litigation refers to the citizen’s opinion that when the administrative body acts in violation of the law and infringes upon the public interests or infringes on it, though it has no direct interest to himself, he requests a specific organ for safeguarding public welfare, Administrative lawsuit filed with the court according to law. On the basis of examining the emergence and current situation of the administrative public interest litigation system in western countries, the article probes into the theoretical basis and realistic basis for the existence of this system, and puts forward some preliminary suggestions on the related issues of constructing this system in our country.