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行政公益诉讼的目的在于保护社会公共利益,行政机关的行为应代表公共利益,但是违法行政行为的出现却屡见不鲜,有关行政公益诉讼的立法和制度在我国仍属空白。因此需要有一个社会公共利益的代表者代表公众对此类侵害公共利益的行政行为进行起诉,以确保公共利益不受行政行为的侵害。在我国,能代表全体社会公众利益的只能是检察机关。检察机关作为法律监督机关,提起行政公益诉讼是其应有的职责,这样能有效地抑制违法行政行为,维护社会公共利益。
The purpose of administrative public interest litigation is to protect social public interest, and the behavior of administrative organ should represent the public interest. However, the emergence of illegal administrative acts is not uncommon. The legislation and system of administrative public interest litigation are still blank in our country. Therefore, it is necessary to have a representative of the public interest in the public prosecute such public actions against the public interest on behalf of the public so as to ensure that the public interest is not infringed upon by administrative actions. In our country, only the procuratorial organs can represent the interests of the general public. As the supervisory organ of law, procuratorial organs should bring their administrative public interest litigation to their due responsibilities, which can effectively restrain the illegal administrative acts and safeguard the social public interests.