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文章从一些直接关系到国家利益、社会公共利益的案例的出现以及在司法实践中许多带有行政公益性质的案件日益备受社会关注的事件入手,提出法院以“该案不属于法院受理范围或该案的原告不是本案的直接利害关系人”为由作出了不予受理或驳回起诉的处理的事实,因而原告资格问题成为阻碍行政公益诉讼的首要问题,为此剖析构建行政公益诉讼原告资格成为建立行政公益诉讼制度,维护公益,实现民治的前提。
The article starts with some cases that directly affect the interests of the state and the public, as well as many cases of administrative public welfare in the judicial practice, which are getting more and more social attention. It is proposed by the court that “the case does not belong to the court Or the plaintiff in the case is not the direct stake in the case, ”the fact that the plaintiff’s qualification has become the primary obstacle to the administrative public interest litigation has been analyzed. Therefore, it is necessary to analyze the problem of establishing the administrative public interest litigation plaintiff Qualification has become a prerequisite for the establishment of administrative public interest litigation system, safeguard of public welfare, and realization of civil liberties.