Building Of Administrative Public Interest Litigation System

The diversification of the interests and the pluralism of subjects result in the complexity of connotation of the legal interests.Public interest has specific subjects and its context, which involves economical order and social ethics in the main. Dating back to its history, a lot of countries attach importance to the public welfare litigation. As state power strengthens, the administrative disputes increase and the administrative litigations also grow rapidly. Meanwhile, along with the extension of the executive powers, the administrative actions of damaging public interests unceasingly emerge. In order to restrict the expansion of executive powers, some countries begin to draw into public welfare litigation system in the administrative field of Continental law system and Anglo-American law system. In the economic life of our country, a number of state interests and public interests have been infringed upon due to the drawback of the public welfare litigation. However, these interests have not obtained effective remedies. Because of the significance of the public interests, the construction of the administrative public welfare litigation system is very necessary, which is provided with the realistic possibility.The administrative public welfare litigation has four major meanings, among which the most essential meaning and characteristic is that the purpose of the administrative public welfare litigation lies in safeguarding the public welfare, not the personal interest of the contesting party who institutes a proceeding. Only by establishing the administrative public welfare litigation system can state organization and social organization and numerous citizen together safeguard social public order and public welfare through the judicial procedure.The thesis, which is divided into three parts, researches on the establishment of the administrative public welfare litigation system in our country.The first part deals with the theoretical basis of the administrative public welfare litigation system, involving the field of the definition of the publicinterest, the connotation of the administrative public welfare litigation, and the theoretical foundation and the realistic criteria of the administrative public welfare litigation system.The second part studies on the comparison and selection of the administrative public welfare litigation system. The part mainly talks about the administrative public welfare litigation system in the major countries of Continental law system and Anglo-American law system, and analyses the drawback of the administrative public welfare litigation in our country.The third part analyses the major problems in constructing the administrative public welfare litigation system, which includes the field of the scope of accepting cases, the qualifications of the plaintiff, and the procedural guarantee.