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在我国,因行政机关的违法行为给公共利益造成损害的现象不断出现,现实中难以寻找相应的救济途径,导致相关的案件不是被驳回就是不予受理,公民无法通过司法手段对公共利益进行维护,究其根源在于诉讼制度中缺乏相应的公共利益救济机制。行政公益诉讼就恰恰为我们提供了一个有效的解决路径。应考虑从原告资格、举证责任和诉讼费用方面来构建我国的行政公益诉讼制度。
In our country, the phenomenon that the public interest is harmed by the illegal act of the administrative organ appears unceasingly, in reality, it is difficult to find the corresponding remedy way, which leads the related case not to be rejected or not to be accepted, and the citizen can not safeguard the public interests through the judicial means , The root of which lies in the lack of corresponding public interest relief mechanism in litigation system. Administrative public interest litigation just provides us with an effective solution. We should consider constructing the system of administrative public interest litigation in our country from the aspects of plaintiff’s qualification, burden of proof and litigation costs.