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现阶段,行政公益诉讼制度,在行政法治较为发达的西方国家和地区已经普遍建立,在我国目前还未被立法者所承认,但是在理论界已有诸多论述,建立行政公益诉讼机制已是学界共识。但这些探讨,几乎都是力图建立一套类似于西方法治国家的行政公益诉讼机制,尤其是在行政公益诉讼原告资格的规定上,采取了以检察机关为主,公民、法人或其他组织为辅的原则。但我认为现有的理论探讨在学理层面相当充分,在实践层面由于对中国的具体国情重视不够,缺乏可超作性。笔者现就行政公益诉讼的原告资格问题谈谈自己的粗浅看法。
At present, the system of administrative public interest litigation has been widely established in western countries and regions where the administrative rule of law is more developed. It has not yet been recognized by legislators in our country, but there are many expositions in the field of theory. consensus. However, these discussions are almost all trying to establish a set of administrative public interest litigation mechanism similar to that of western countries under the rule of law. In particular, in the provisions of the eligibility of plaintiffs for administrative public interest litigation, the investigation is mainly based on the procuratorial organs and supplemented by citizens, legal persons or other organizations the rules. However, I think the existing theoretical discussions are quite adequate at the academic level. At the practical level, due to insufficient attention to China’s specific national conditions, there is a lack of superficiality. The author is now on the issue of plaintiff eligibility for administrative public interest litigation to talk about their own superficial view.