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行政公益诉讼是指当行政主体的违法行为或不行为对公共利益造成侵害或有侵害之虞时,法律允许无直接利害关系人为维护公共利益而向法院提起行政诉讼的制度。其中由检察机关提起的行政公益诉讼是狭义的行政公益诉讼,简称行政公诉。《中华人民共和国行政诉讼法》修改建议稿规定了行政公益诉讼制度,一定程度上推动了行政公益诉讼制度的建立和在司法实践的有效运行,但目前对检察机关提起公益诉讼的正当性有部分学者提出质疑,值得进一步探讨。
Administrative public interest litigation refers to the system that administrative lawsuits are allowed to be instituted before the courts for the protection of the public interest by the law when no lawful act or omission of the administrative body infringes or infringes upon the public interest. Among them, the administrative public interest litigation filed by the procuratorial organs is a narrow administrative public interest litigation, referred to as administrative litigation. The amendment draft of Administrative Procedure Law of the People’s Republic of China stipulates the administrative public interest litigation system and to some extent promotes the establishment of administrative public interest litigation system and its effective operation in judicial practice. At present, however, there are some justifications for prosecution instituting public interest litigation Scholars questioned, it is worth further study.