论公益行政诉讼制度的构建

公益行政诉讼是为了排除传统的原告适格理论的阻却而在无传统诉权人的情况下 ,为公益目地而设定的一项救济制度 ,应通过纳入法律援助制度 ,设立前置程序 ,放宽原告起诉条件的审查标准及防止滥诉来保障公益行政诉讼制度的建立。

Establishing Administrative Litigation System for the Public Welfare Undertaking

The thesis, drawing on the experience of litigation for the public welfare undertaking from foreign countries, comes up with the proposal that the administrative litigation for the public welfare is actually an aid or remedy system for the purpose of establishing goal of the public welfare while getting rid of barrier of the theory involving subject qualification of the plaintiff but without traditional subject of the right of action, and it also analyses extension where the administrative litigation for the public welfare reaches while offering the procuratorial departments, social organizations and the qualification of litigation for action.