论行政公益诉讼

On Administrative Public Interest Litigation

当公益诉讼的客体是行使国家权力的行政主体的违法行为或不法行为时,所提起的公益诉讼类型则为行政公益诉讼。在当代中国,行政主体在维护公共利益方面所具有的职能、发挥的重要作用是其他权力形式所无法取代的。然而现实情况是,行政主体不仅没有切实履行其应有的职责,反而成为了公共利益的最大侵害者,行政公益诉讼的设立实有必要。

When the object of the public interest litigation comes to be the main violations of the administrative body,which exercises the state power,or its failure to act,the type of the public interest litigation is the administrative public interest litigation.In Contemporary China,administrative body's functions and the important role it plays can not be replaced by other forms of power in the maintenance of public interests.But in the reality,the principal not only did not effectively fulfill their due responsibilities,but also became the largest against the public interest.Therefore,the establishment of the administrative public interest litigation is necessary.