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行政公益诉讼,又称行政公诉,是监督行政机关依法行政,维护社会公共利益的一种诉讼形式。在国外,行政公益诉讼制度已经建立且积累了许多立法和实践经验。鉴于我国当前行政公诉的情况,有必要以行政公益诉讼的概念和基本特征为基础,探讨我国建立行政公益诉讼的可行性,并对构建符合我国国情的行政公益诉讼制度提出初步设想。
Administrative public interest litigation, also known as administrative prosecution, is a form of litigation that supervises administrative organs to administer according to law and safeguard social public interests. Abroad, the administrative public interest litigation system has been established and accumulated a lot of legislative and practical experience. In view of the current situation of administrative prosecution in our country, it is necessary to base on the concept and basic characteristics of administrative public interest litigation, to probe into the feasibility of establishing administrative public interest litigation in our country and to put forward the tentative plan for constructing administrative public interest litigation system in line with China’s national conditions.