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公序良俗作为一个法律概念是由学者创制的,其在法律与道德之间承担着特殊的连接使命,而行政公诉制度也因其独特的制度价值受到学界的关注。事实上,在涉及公共利益的领域,当前各国都有不同的法律制度加以保障。鉴于我国社会目前的道德局面、公序良俗之保护状况,在得出公序良俗须进入行政法、行政诉讼调整范围的结论的同时,应当在有关公序良俗的立法中突破“反射利益”的定位,适当放宽我们解释诉之利益的口径,赋予公民就有损社会公序良俗的问题向法院告诉的诉权。
As a legal concept, public order and good customs are created by scholars. They bear a special mission of connection between law and morality. Administrative public prosecution system is also paid attention to by academic circles because of its unique system value. In fact, in the field of public interest, all countries now have different legal systems to protect them. In view of the current moral situation in our society, the protection of public morals and good customs should break the position of “reflective interest” in the ordinances relating to public order and good morals and relax appropriately when it comes to the conclusion that public order and good customs must enter the scope of adjustment of administrative law and administrative litigation. We interpret the caliber of the lawsuit and give our citizens the right to appeal to the court on the issue of impairing the good public order in society.