行政公益诉讼初探

行政公益诉讼是相对于行政私益诉讼的由非法律上利害关系人提起的、直接以公共利益为目的的行政诉讼,它包含行政公诉和由一般的公民、法人或其它组织提起的行政公益诉讼.西方国家已经建立了一套卓有成效的行政公益诉讼制度.为了保护公益、实现《行政诉讼法》的立法宗旨,我国应建立行政公益诉讼制度.在我国建立行政公益诉讼制度,需要对原有的行政诉讼的受案范围、原告资格、举证责任等制度进行变革.

On the administrative cause of public benefit

The administrative cause of public benefit is the administrative suit for public benefit which is prosecuted by no-legal relationship person as opposed to administrative cause for private benefit.It includes the public prosecution of administration and others which is suited by citizens,persons in law and other collectivities.A series of efficent systems about administrative prosecution of public benefit have been built in western countrie.In order to protect public benefit and realize legislative aims of administrative prosecution law,we should set up this system.A lot of reformations must been done about these systems which is related to the received scope and suitor qualification and the proof responsibilities of the administrative prosecution in the need of building this system.