行政公益诉讼与权力控制

行政公益诉讼是纳税人对侵害公共利益的行政行为提起的诉讼。其不要求原告与案件有直接利害关系，因而同传统的诉讼相冲突。尽管如此，公益诉讼在维护纳税人利益、控制行政权力方面有着独特的制度价值。参考国外立法例，我国应打破对原告适格范围的限制，引入行政公益诉讼。为防止滥诉，法律既要明确规定行政公益诉讼的受案范围，又要对其受案范围作出必要的限制。

Administrative Litigation for Public Benefit and Controlling Power

Administrative litigation for public benefit is raised by citizen when administrative behavior brings destroy to public benefit.Because administrative litigation for public benefit doesn＇t demand that plaintiff has direct relation to such ease,it seems that adrninistrative litigation for public benefit has conflict with traditional administrative litigation. Although this,administrative litigation for public benefit plays important part in protecting the interest of taxpayer and controlling administrative power.Referring to other countries＇ legislation,China should establish administrative litigation for public benefit.In order to avoid abusing such right,law should stipulate in explicit the range of case in administrative litigation for public benefit and limit it＇s scope.