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在社会主义生态文明建设成为党和国家基本方针、环境公益诉讼成为国家实现环保战略基本制度以及民间力量提起公益诉讼成为公众参与环保基本路径的时代背景下,行政诉讼法修改应当对公益诉讼问题作出必要回应。就当下行政诉讼法修改民间版的公益诉讼制度设计而言,还存在过简或过细的缺憾。基于比较法的观察和实证分析,我国行政诉讼法修改时可在“总则”篇及“诉讼参加人”篇中设置两个条款,分别就公益诉讼的依据和原告作出规定,形成一种复合型、渐进式的行政公益诉讼发展模式。
Under the background that the socialist ecological civilization construction has become the basic policy of the party and the state, the environmental public interest litigation has become the basic system of national environmental protection strategy and the public power filed by the non-governmental power has become the basic path of public participation in environmental protection, the revision of administrative procedure law should make the public interest litigation issue Necessary response. In the current Administrative Procedure Law to amend the civil version of the public interest litigation system design, there are still too simple or too small defects. Based on the observation and empirical analysis of the comparative law, two provisions can be set in the “General Provisions” and the “Litigation Participants” articles in the revision of the Administrative Procedure Law in our country, which stipulate the basis of the public interest litigation and the plaintiff, respectively, to form A Compound and Gradual Development Pattern of Administrative Public Interest Litigation.