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损害公益的行政行为时有发生,现有的行政诉讼和行政权力内外监督制约机制不能有效解决这个问题。我国迫切需要建立行政公益诉讼制度来惩治和预防损害公益的行政行为。检察机关提起行政公益诉讼有充分的法律根据、扎实的理论基础、良好的法治环境、充足的司法资源,并可借鉴域外的有益经验,可先行建立检察机关提起行政公益诉讼制度。
Administrative acts that damage public welfare have occurred from time to time. The existing administrative litigation and the internal and external supervision and control mechanism of administrative power can not effectively solve this problem. China urgently needs to establish an administrative public interest litigation system to punish and prevent the administrative acts that harm the public welfare. Procuratorial organs to bring the administrative public interest litigation have sufficient legal basis, a solid theoretical foundation, a good environment for the rule of law, adequate judicial resources, and can learn from outside the area of useful experience, the procuratorial organ may establish the system of administrative public interest litigation.