行政公益诉讼具有不同于传统行政诉讼的目的,在诉权、诉讼构造、诉讼标的等基本理论方面均表现出独特性。鉴于其属于客观诉讼,立法层面上具有更充分的塑造空间,笔者从目的论下行政公益诉讼独立运行的逻辑、诉权与主体资格序位、诉讼构造中的双重审查和第三人制度以及诉讼标的与私益诉讼阻却等方面展开分析论述,以期回应理论和实务上的困惑,为我国未来公益诉讼立法提供新的视角和参考。 The administrative public interest litigation has the purpose different from the traditional administrative litigation, and shows its uniqueness in the basic theory of litigation right, litigation structure and litigation target. In view of its objective lawsuit and more adequate shaping space at the legislative level, the author analyzes the logic of independent operation of administrative public interest litigation from the theory of purpose, the sequence of litigant rights and subject qualifications, the double examination and the third party system in litigation structure, And the private interest litigation and other aspects of the prevention and treatment to start the analysis and discussion, with a view to responding to theoretical and practical puzzles, for the future of China’s public interest litigation legislation provides a new perspective and reference.