An Exploration Of The Administrative Lawsuits In The Public Interest Of China

With the development of the Market Economy, Chinese people's sense of democracy and legality is becoming increasingly strong. Meanwhile, the power of the governments is also expanding while the legal supervision system is not regular. Harming to public interests from governments when they misconduct in office or abusing their power are common occurrences in our society now. However, according to the Administration Procedural Law in effect, citizens can initiate prosecution only against those conducts that do harm to individuals' legitimate rights; as for the conducts that harm public interests, they have no rights to prosecute. As a result, a large number of such kinds of administrative conducts can not be regulated. This is really a drawback in our legislation. The construction of public administrative proceedings system is to make up for this deficiency.The article brings to light the implication and the character of the administrative public interest action on the basis of divine its definition; elaborates the value of theory and system under the current social legal condition in our country. expounds the possibility and necessity of establishing the administrative public interest action system in our country. At last, the author advances several important problems about legislation, and hopes to be good to establish the administrative public interest action system in our country.