关键词: 公益诉讼, 行政公益诉讼, 理论反思

Abstract: Public interest litigation is a new type of litigation different from traditional private litigation. It also provides a new system in which the common people can influence the public life. In definition, public interest litigation and private interest litigation should be distinguished according to “litigation request analysis”. The requests of public interest litigation should mainly be confirmation request or the request to stop infringements. Public interest litigation has many functions such as arousing the common people’s care for public affairs, making “dormant” laws and regulations to execute, stopping illegal acts in future and promoting the development of public welfare organizations. However, there is no real “administrative public interest litigation” in today’s China.

Key words: public interest litigation, administrative public interest litigation, theoretical reflection