On The Administrative Public Interest Litigation

On the items of distinguishing between public welfare lawsuit and private interest's lawsuit, public welfare lawsuit had been formulated early in ancient Rome. At that time, the Roman's organs of state power is not so perfect like countries at present. It is not enough to safeguard the public interests only depend on the power of officials raised by representatives of townspeople. There are two kinds of public lawsuit according to the different laws they suit: the public welfare lawsuit raised according to the Townspeople Law and raised according to the Great Judge Law. These can be more helpful to us in understanding and distinguishing the conception of public welfare lawsuit though there is no public welfare lawsuit in modern sense in ancient Rome.As one of the bases of modern legal system of the west, the sprit of Roman law had been merged together with the Western modern legal system. We can find the traces of Roman law both in Continent Legal System and England Legal System.Public welfare lawsuit is quite different from the traditional administrative lawsuit. It helps us to directions of modern legal system. It helps us to make up the leak of our administration and improve the standards of government officials who execute the law. After all, the protection of public welfare is not only helpful for the development of private welfare but also an important way to realize the private welfare.There are no special about legal procedure of public welfare lawsuit in our country at present. The discussions centralized in the introductions about the legal system of public welfare lawsuit in Western Countries, the possibility and necessity to put in force this system in our country, etc. I think the legal system of public welfare lawsuit in our country should learn from Western Countries and combine with Chinese history and culture. On this point of view, the meaning of public welfare lawsuit is as bellow: According to law, the actions that administrative office conducted violate the social...