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《行政诉讼法》的修改已经提上议事日程,行政公益诉讼何去何从,已经到了无法回避的地步。近年来,围绕行政公益诉讼问题可谓是观点纷呈。热吹捧者有之,冷思考者有之,反对者也不乏。为使我国行政公益诉讼制度的最终确立有一个坚实的理论基础,尚有大量的问题需要进一步探讨。这里发表的一组笔谈是黄学贤教授主持的司法部项目《行政公益诉讼研究》(06SFB5007)的阶段性成果,本刊分上、下两部分刊登。由于是笔谈,课题组成员(黄学贤教授的几位研究生:唐小娟、杨新登、李晓玲等)观点不强求一致,其宗旨是为《行政诉讼法》的修改提供一孔之见。
The revision of the Administrative Procedure Law has been put on the agenda. Where is the administrative public interest litigation going? It has reached an unavoidable stage. In recent years, the issues surrounding the administrative public interest litigation can be described as astonishing. Hot flattering who, cold thinker there, there is no lack of opponents. In order to have a solid theoretical basis for the ultimate establishment of China’s administrative public interest litigation system, there are still a large number of issues that need to be further explored. A series of written speeches here is the phased result of the “Research on Administrative Public Interest Litigation” (06SFB5007) run by Professor Huang Xuexian, which is published in the next two sections. As a result of this talk, members of the research group (several graduate students of Professor Huang Xuexian: Tang Xiaojuan, Yang Xindeng, Li Xiaoling, et al.) Did not agree on the same point of view. Its purpose is to provide a precondition for the revision of the Administrative Procedure Law.