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目前,行政公益诉讼在我国尚未为法律所认可。但是,从西方法治国家行政公益诉讼制度的经验和目前我国国内出现的众多具有行政公益诉讼性质的案件来看,在我国建立行政公益诉讼制度既有理论基础,又有现实需要,建立行政公益诉讼制度将成为我国行政立法工作的重要议题。为此,本文从理论与现实的角度对我国建立行政公益诉讼制度的基础作一些粗浅的探讨。
At present, administrative public interest litigation has not been recognized by law in our country. However, judging from the experience of administrative public interest litigation system in western countries under the rule of law and the numerous cases of administrative public interest litigation that appear in our country at present, it is necessary to set up an administrative public interest litigation system in our country, The system will become an important topic in the administrative legislation of our country. Therefore, this article makes some superficial discussions on the basis of our country’s establishment of administrative public interest litigation from both theoretical and practical perspectives.