行政公益诉讼原告资格探析

Analysis of Administrative Public Interest Litigation Plaintiff Qualification

行政公益诉讼的案例近年来不断出现,但目前行政公益诉讼在我国尚未被法律承认。很多学者已就西方法治国家行政公益诉讼制度进行了深入的考察,对我国建立行政公益诉讼制度的可行性与必要性也进行了很多的分析,但是对于建立行政公益诉讼制度最为关键的问题之一——原告问题却缺乏充分的研究,也即行政公益诉讼可以由谁提起。

The cases of administrative public litigation appear constantly in recent years, but administrative public litigation has not been built yet at present in our country. A lot of scholars have already studied on the western administrative public litigation and analysed the feasibility and necessity that our country set up the lawsuit system of administrative public service litigation. But one of the problems for setting up the administrative public litigation plaintiff qualification lacks sufficient research, that is who can institute the case.