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行政公益诉讼是行政诉讼法修改过程中广泛讨论的问题,有必要对其内涵予以厘清并对其在行政诉讼中的定位有清醒的认识,以免矫枉过正。应在统筹分析我国行政诉讼原告资格发展脉络的基础上,结合域外行政诉讼发达国家行政公益诉讼实践,理性构建我国行政公益诉讼原告资格制度。
Administrative public interest litigation is a widely discussed issue in the process of revising administrative litigation law. It is necessary to clarify its connotation and have a clear understanding of its position in administrative litigation in order to avoid overcorrecting. On the basis of co-ordinating analysis of the development of the plaintiff’s qualification in administrative litigation in our country, combined with the practice of administrative public interest litigation in developed countries in administrative litigation outside the domain, the qualification system of plaintiff in administrative public interest litigation in our country should be rationally constructed.