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随着我国社会经济的不断演进与发展,行政权相对于立法权和司法权来说不断地膨胀,为了避免行政权对公民利益侵害或非正当限制的产生,寻求加强对行政权限制与监督的有效方法日益受到重视,建立行政公益诉讼制度,就是一种对普通民众诉权合法化的承认,不仅有利于维护社会稳定与国家安全,也对公共利益的维护与公民个人利益的保护起到了促进性作用。然而尽管我国已将行政公益诉讼的构建提上日程,但在现实环境下及具体的实施过程之中,还面临着诸多阻碍因素与问题,如行政公益诉讼对于公权力的制约尺度是否合理、行政公益诉讼是否将给司法活动带来过重的负担、公民法律意识不足是否会带来滥诉等不良现象、行政公益诉讼环境下对法的强效需求是否尚且欠缺及行政公益诉讼的构建与我国现阶段经济发展的要求是否冲突等。唯有正视这些阻碍因素,方可在构建行政公益诉讼的过程中做到未雨绸缪,让行政公益诉讼制度为我国日益完备的司法体系及提高人民幸福的事业全面发挥它所应有的效力。
As China’s social economy continues to evolve and develop, administrative rights are constantly expanding relative to legislative and judicial powers. In order to avoid administrative rights infringement on civil interests or unjust restrictions, it is necessary to seek to strengthen the restriction and supervision of administrative rights Effective methods are paid more and more attention. Establishing administrative public interest litigation system is a kind of recognition to the legalization of common people’s right of action. It not only helps to maintain social stability and national security, but also promotes the protection of public interests and the protection of citizens’ individual interests effect. However, although our country has put the construction of administrative public interest litigation on the agenda, in the real environment and the specific implementation process, it also faces many obstacles and problems, such as whether the administrative public interest litigation is reasonable for the restriction of public power, Whether public interest litigation will bring undue burden on judicial activities, whether civil law awareness will lead to abuse or not, whether the strong demand for law under the environment of administrative public interest litigation is still lacking and whether the construction of administrative public interest litigation and our country Whether the current economic development requirements are in conflict or not. Only by facing up to these obstructive factors can we take precautions in the process of building administrative public interest litigation so that the administrative public interest litigation system can give full play to its due effectiveness for our country’s increasingly complete judicial system and the cause of improving people’s happiness.