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当前不能回避的一个现实是:国家行政权力日益扩张或行政权不断膨胀,随着其权力的扩张或膨胀,不可避免的渗透到社会生活的各个方面。与此同时,带来了这样一个负面效用即影响甚至有损于社会公共利益。因此,社会广泛需求行政公益诉讼,用以解决上述问题。对于我国构建行政公益诉讼制度亟待解决的首要问题是确认行政公益诉讼原告资格。就目前我国行政公益诉讼这一领域而言,综合我国当前的实际国情,加之检察机关自身的特性,赋予检察机关行政公益诉讼原告资格是较为合理妥当的。
The current reality that can not be evaded is that the state’s administrative power is expanding or its executive power is expanding. As its power expands or expands, it inevitably infiltrates into all aspects of social life. At the same time, such a negative effect is brought about, which even affects the public interests of society. Therefore, the society widely demands administrative public interest litigation to solve the above problems. For our country to construct administrative public interest litigation system, the primary problem to be solved is to confirm the qualification of plaintiff in administrative public interest litigation. In the current administrative public interest litigation field in our country, considering the current actual conditions of our country and the procuratorial organs’ own characteristics, it is more reasonable and appropriate to grant the plaintiff administrative procuratorate legal procuratorial power.