浅析域外行政公益诉讼的经验与启示

Experience and Enlightenment of Foreign Administrative Public Interest Litigation

行政公益诉讼已经成为大多数国家行政法律制度的重要组成部分,同时行政公益诉讼制度的立法与司法实践水平也已经成为衡量国家行政法治水平的重要指标。然而,我国在行政公益诉讼的立法和司法实践上仍处于探索阶段,这既不利于社会公共利益的保护,也直接影响构建社会主义和谐社会的大局。因此,我们必须在立足我国法律传统和司法实践的基础上,不断吸收和借鉴域外先进的立法经验,加快行政公益诉讼制度的立法步伐。

The administrative public interest litigation has become an important part of the administra- tive legal system in most countries. Meanwhile, legislation and judicial practice level of administrative pub- lic interest litigation system has become an important index to measure the state level of administrative rule of law. However, in China, the administrative public interest litigation legislation and judicial practice is still in the exploratory stage. This is not conducive to the protection of public interests, which directly af- fects the construction of socialist harmonious society. Therefore, the pace of legislation of administrative public welfare litigation system must be sped up based on China＇s legal tradition and judicial practice by absorbing and learning from advanced foreign legislative experience.