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行政权力的日益扩大,极易使社会公共利益遭受侵害。如何维护社会公共利益,从域外经验看,现代法治国家大多把建立行政公益诉讼制度作为保障手段。但在我国,行政公益诉讼的立法尚处于完全空白的状态。这一法律制度的缺失,不利于构建社会和谐和建设社会主义法治。建立中国特色的行政公益诉讼制度成为当前理论讨论和司法实践的热点。构建行政公益诉讼制度,应当在的立法上,对诉讼主体、受案范围、举证责任和激励机制等问题作出明确规定。
With the continuous expansion of administrative power, social public interests can easily be violated. How to safeguard social and public interests, from the outside experience, modern law-based countries most of the administrative public interest litigation system as a safeguard. However, in our country, the legislation of administrative public interest litigation is still in a completely blank state. The absence of this legal system is not conducive to building social harmony and building a socialist rule of law. The establishment of administrative public interest litigation system with Chinese characteristics has become a hot topic in current theoretical discussions and judicial practice. In order to construct the system of administrative public interest litigation, the legislation of litigation should be made clearly on the subject of litigation, the scope of accepting the case, the burden of proof and the incentive mechanism.