行政公益诉讼制度构建研究

公共利益直接或间接地为所有公民所共享，是社会稳定和发展的基础，也是行政权存在的重要依据。随着社会事务的日趋复杂，行政功能日益突显，政府为民众提供公共利益已经成为社会群体的必需。我国应该立足于现有的法制资源和现实需要，理性的批判、吸收国外的经验，整合并表述民众的意愿，完善我国的行政诉讼立法，积极构建并完善行政公益诉讼制度，为民众和公益性社会团体通过诉讼的方式，参与社会事务的管理、维护公共利益、促进社会发展提供一种有效途径，以确立“以诉讼推进民治、以民治实现公益”的模式，有力规范行政权的良性运作，推动行政权与司法权、权利与权力的良性互动，保障我国社会的和谐与发展。

A Study on the Administrative Public Interest Litigation System

Public interest is directly or indirectly shared by all citizens. It is the basis for social stability and development, and also the important basis for the existence of the administrative power. With the increasingly complex of social affairs, its administrative functions become more and more obvious, and it is a must for the government to provide public interest for the social group. China should base on its law resources and realistic need, by absorbing foreign experience critically and reasonably, integrate and express the public willingness, improve its administrative litigation legislation, and establish and improve its administrative public interest litigation system actively. In addition, China should provide a valid way by which the public and public welfare social organizations, by means of litigation, take part in managing social affairs, to safeguard the public interest, and to promote social development so as to establish the mode of ＂promoting government--by--people through litigation, realizing public interest through government--by--people＂, to effectively regulate the healthy functioning of the administrative power, to promote the healthy interaction of the administrative power and the judicial power, the rights and the power, and to safeguard China＇ s social harmony and development.