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近年来,公共利益由于行政机关不作为、乱作为而受到损害的事件在全国范围内频繁上演,鉴于行政权的强势、法律的缺失以及公民个人维权意识薄弱、维权成本高昂等各方面的制约,这些公共利益受到政府行为的侵害后往往得不到有效的法律救济,因此,社会各界对行政公益诉讼的呼声越来越高,为了使公共利益得到司法救济,行政诉讼客观化将十分必要。新修订《行政诉讼法》对行政公益诉讼的法律体系建构给予了初步的法律支撑,为行政公益诉讼的推进奠定了良好的法律基础。本文从受案范围、立法模式、主体资格以及举证责任分配等方面探讨行政公益诉讼的司法解决途径。
In recent years, the public interest has been frequently staged throughout the country due to the inaction and chaos of the public administration. In view of the strong administrative power, the absence of law and the weak awareness of individual citizens’ rights protection as well as the high cost of safeguarding their rights, These public interests are often not effective legal remedies after they are violated by the government. Therefore, the public in all walks of life is getting louder and louder voices to the administrative public interest litigation. To make the public interest judicial relief, it is necessary to objectify administrative litigation. The newly revised Administrative Procedure Law has provided preliminary legal support for the construction of the legal system of administrative public interest litigation, laying a good legal foundation for the promotion of administrative public interest litigation. This article discusses the judicial solution of administrative public interest litigation from the aspects of accepting the case, the legislative mode, the qualification of main body and the distribution of the burden of proof.