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原告资格的理论基础问题是当前行政公益诉讼理论研究的核心。传统原告资格的管理权理论已经不适应诉讼实践的发展和行政公益诉讼的客观需要,以诉的利益理论作为行政公益诉讼原告资格的理论基础已经成为世界法治发达国家和地区的共同选择。我国应当积极借鉴其经验,加快建立适应我国现实需要的行政公益诉讼制度。
The theoretical basis of the plaintiff’s qualification is the core of the current theory of administrative public interest litigation. The theory of the management power of the traditional plaintiff qualification has not adapted to the development of litigation practice and the objective needs of the administrative public interest litigation. The theoretical basis of the interest theory of the litigation as the plaintiff qualification of the administrative public interest litigation has become the common choice of the developed countries and regions in the world. Our country should actively learn from its experience and speed up the establishment of an administrative public interest litigation system that meets the actual needs of our country.