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我国目前并没有建立公益诉讼制度,但是各种有关公益诉讼的案件可谓层出不穷,特别是行政公益诉讼。虽然有关环境、国有资产保护等一些特定的公益诉讼种类在部分地区得到受理,但是这种变通并没有改变我国公益诉讼法律的缺失与实践中的矛盾。我国目前亟待确定一套符合国情的公益诉讼制度。特别是在行政公益诉讼中,原告资格的确定存在很多问题,对比国外已经相对成熟的模式,提出放宽公益诉讼原告资格以及检察院介入行政公益诉讼的建议。
At present, there is no system of public interest litigation in our country, but all kinds of cases concerning public interest litigation can be said to be endless, especially for administrative public interest litigation. Although some specific types of public interest litigation related to the environment and state-owned assets protection have been accepted in some areas, this modification does not change the contradiction between the absence of the public interest litigation law and practice. At present, China is in urgent need of determining a set of public interest litigation system in line with the national conditions. Especially in the administrative public interest litigation, there are many problems in determining the qualification of the plaintiff. Compared with the already relatively mature foreign mode, the paper proposes to relax the eligibility of the plaintiff in public interest litigation and the suggestion of the procuratorate to intervene in the administrative public interest litigation.