Administrative Public Interest Litigation System Research

The administrative action of public interest is a system which regards the delict of the citizen, public interest groups and the particular national organization( procuratorial organization) as voilation of national and social public interest, according to law but bring up to court the administration litigation. The legal system society inside benefits is a basic value of the law to pursue with theultimate purpose. The public benefits is objectivly exsitting. Along with the development of the market economy, acculturate the progress increasingly and quickly, extend continuously for the all citizen a rights for possessing, the private benefits is unavoidable with the clash of the public benefits, the public benefits in the interval is usually gobbled up by the breakage of the private benefits. The administrative organization should be the positive maintenance of the nation, social public benefits. However, in the administrative actuality manage activity, they ar pursuing for this section benefits, native and square benefits unilaterally to turn biggest, its management target deviates largely from the situation that public benefits request . Administrative right itself is constantly expanding and inflating as well, and seeping through all the aspects of social life. Public benefits which looks strong and big in appearance but fragile in essence is facing increasingly the latent threat that turn worse with physically of damage. The judicial organ, as the mechanism to regulate the social relationship and the bodyguard of the widespread right in citizen, can't also shouldn't face the loss of the public benefits but still have the reservation. Open the public-spirited litigation in administration judge not only is right consciousness that valid path to support the public benefits, but also benefits to extend increasingly with the dilatant administrative power direct with make and invite, even benefits to the litigious right of the parties, to increase citizen's democratic and legal idea. Investigating some nations' administrative action of public interest, there are two kinds of modes primarily: the mode of continental law and the mode of common law system. Compared the study of the litigant theories and practice in public welfare in abroad, we can discover bothnations with continental law and with common law have established the homologous litigation mechanism to the case that involved the public benefits in administration litigation realm. The concept of the administration litigation plaintiff qualifications is not static, inflexible. The obstacle that citizen initiate public prosecution is less and less, it is trend of the development of all countries litigation system that plaintiff indictment qualifications will loosen continuously.On March 8 in 2000, the Supreme People's Court promulgated 《 On Explanation of Some Problems in carrying out 》 and had definitly given " the person who are related to the concrete administration behavior law " the plaintiff qualifications of the administration litigation. The academic circles calls it as" legal interests" standard, which has developed more than" counterpart's plaintiff qualifications" theories. From the certain meaning ascends to say, it has explained as widely as possible about the plaintiff qualifications "think that the concrete administration behavior infringes upon its legal rights" in the administration litigation, extended the plaintiff scope. However, it doesn't break the the oretical tie in qualifications in traditional plaintiff. This is the mistake area that exists in our country administration litigation realm: think only the person who has concrete administrative behavior can have plaintiff qualifications. Its shortage consists in confusing the features of relation of public laws and those of relation of private law, excessively limits court to supervise the administration organization's illegal behavior, neglects the existence of the public benefits, closes the door of...