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据央视报道,杭州市一市民近日状告杭州市规划局违反规定在西湖风景规划区内批准建立非旅游设施,被杭州市两级法院以原告不具备起诉资格而驳回。法院的理由是该公民不是具体行政行为的相对人,依照法律规定不得提起行政诉讼。也就是说,行政机关的具体行政行为只有侵犯了当事人的利益,当事人才有资格提起行政诉讼;如果行政机关的行政行为涉嫌侵犯公益,公民则无法通过诉讼进行追究。
According to CCTV, a citizen in Hangzhou recently sued Hangzhou Municipal Planning Bureau for violating the regulations to approve the establishment of non-tourism facilities in the scenic area of West Lake and was rejected by Hangzhou two levels of courts in the plaintiff’s lack of suits. The reason for the court is that the citizen is not an opposite person to a specific administrative act and may not bring an administrative lawsuit in accordance with the law. In other words, the specific administrative act of the executive violates the interests of the parties, the parties are eligible to initiate administrative proceedings; if the administrative act of the executive is suspected of infringement of public interest, citizens can not be investigated through litigation.