论文部分内容阅读
随着我国社会经济的发展,公民的法律意识也不断提高,行政机关违法行政或者行政不作为带来的公共利益损害,引发了一系列新的矛盾冲突。如果仍沿用传统的诉讼法理论采用的“当事人适格”标准,绝大多数起诉者都会因没有原告资格而无法进入司法程序。原告资格是决定争议能否进入司法程序的主要因素之一,是我们研究行政公益诉讼制度的关键性问题,是公益诉讼进行行政诉讼领域的一把钥匙,具有十分重要的理论意义和现实意义。1.行政公益诉讼的概念及其基本特征从法学界的普遍观点来看,行政公益诉讼是指“公民为维护公益,就与自己权利及法律上无直接利害关系的事项,对行政机关及其工作人员的违法作为或不作为所提起的诉讼。”那什么是公益?从字面上理
With the development of our country’s society and economy, citizens’ awareness of the law has also been continuously raised. The damage to the public interest brought about by the illegal administration or administrative omission by the administrative authorities has triggered a series of new conflicts and conflicts. If the standard of “client fitness” adopted by traditional procedural law is still followed, most of the prosecutors will not be able to enter the judicial process without the qualification of plaintiff. The qualification of the plaintiff is one of the main factors that determine whether the dispute can enter the judicial process, which is the key issue for us to study the administrative public interest litigation system. It is also the key to the public interest litigation in the field of administrative litigation. It has very important theoretical and practical significance. 1. The concept of administrative public interest litigation and its basic characteristics From the general point of view of law circles, administrative public interest litigation is that “citizens for the protection of public welfare, with their own rights and no direct legal issues, the executive authorities and The lawsuit filed by the staff member for the unlawful act or omission. ”" What is public interest? Literally