维护公共利益是必要的,但还是要考虑方式问题。然而在某些情况下根据最高人民法院的司法解释,行政诉讼判决对于公共利益的考量却忽视了这个问题,有违公平正义的基本法治理念。这不仅造成了行政法治理论上的尴尬,也在实践中形成了一系列的问题。这种忽视正当性的法律规范是有碍于法治社会建设的,必须在新的法治建设阶段加以修正。 It is necessary to safeguard the public interest, but we still have to consider the mode of issue. However, under some circumstances, according to the judicial interpretation of the Supreme People’s Court, the consideration of the public interest in administrative litigation judgments overlooks this issue and violates the basic idea of ​​the rule of law in fairness and justice. This not only caused the theoretical embarrassment of administrative law and order, but also formed a series of problems in practice. This law of neglect of legitimacy is an obstacle to the construction of a society ruled by law and must be amended during the new stage of rule of law.