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近年来,行政行为侵害公共利益的现象时有发生,为了维护社会公共利益,需要建立行政公益诉讼制度,为此必须解决原告资格问题。我国公民提起行政公益诉讼既有法理基础、又有现实依据,对侵害社会公共利益的行政案件,公民可以以原告身份向人民法院提起行政诉讼。建立行政公益诉讼制度,应以保护公益、防止滥诉、有利监督为基本原则,在立法、律师援助、鼓励措施、滥诉制约等方面进行完善。
In recent years, the phenomena that administrative actions infringe the public interest often occur. In order to safeguard the public interests of society, it is necessary to establish the system of administrative public interest litigation. Therefore, the qualification of plaintiff must be solved. Citizens in our country have both the legal basis and the actual basis for bringing administrative public interest litigation. Citizens may bring administrative litigation to the people’s court in the administrative cases that infringe public interests. The establishment of administrative public interest litigation system should be perfected in the aspects of legislation protection, lawyer assistance, encouragement measures and abuse of appeals by protecting the commonweal, preventing abuse of law, and supervising as the basic principle.