关于是否设立公益诉讼类型问题的探讨

我国不允许公民、法人针对侵害公共利益的与自己没有直接关系的行政违法行为起诉,这显然不利于保护社会公共利益.我国设立行政诉讼类型时,在立法上应当用扩大原告起诉资格的方式,保护公共利益,不应将其作为独立的行政诉讼类型,而应根据原告起诉的诉讼请求,将案件分别纳入确认、变更、撤销、给付(课以义务)诉讼类型加以处理.

On a thinking of establishing the public - benefit litigation type

In our country, it is not allowed that the citizen and the legal person prosecute the administrative conduct which violate public benefits when they have no a direct relation with these conducts,and it is obviously disadvantageous which protect the social and public benefits. When we establish the types of administrative litigation, we should extend the plaintiff s qualifications in order to protect the public benefits, should not regard it as a type of independence administrative litigation, but according to the plaintiff's request,we should put the case into the types of confirm, change, cancel respectively the case, benefit (lesson with the duty) litigation.