Administrative Public Interest Litigation System Exploration

China is a country with special history, after going throughvicissitudes in millennium ruling by men, marching towards the countrygoverned by law walking with difficulty. Ruling by law requires theadministrative organ to "administer the state according to law", theadministrative organ must exercise authority in accordance with the law,as to one's own illegal activities, the administrative organ should bearlegal liability.The purpose existing in executive power is for safeguarding publicinterests, but while it operates, because of the influence of variousfactors, the alienation of power will unavoidably take place, is shownas the administrative behavior infringes the personal rights andinterests, even infringe public interests. In our country, when theadministrative behavior of the administrative organ infringed citizensindividual shut law benefit, the citizen can be relieved throughadministrative litigation, but when infringing public interests inadministrative behavior of the administrative organ, who comes toinvestigate responsibility? If some administrative organs handle a caseby using one's power instead of taking legal proceedings, pigeonhole thelaw, pervert the law with power and position with right: Some make "thelocal policy", look the law down upon openly; Some reduce, not duty-freeat will, make state-run assets run off in a large amount. Though as tothese behavioral in administration supervision forms numerous, one thatreally worked is few. Only the lawsuit safeguards the law and just lineof defence, and the administrative behavior to the public interests ofthis kind of infringement together finally, the law of our country hasnot stipulated that can start the structure of the judicial process. So,must set up the lawsuit system of administrative public service in ourcountry, in order to prevent the administrative organ from infringing theadministrative behaviors of public interests.The traditional legal theory thinks that it is a duty of the countryto safeguard social public service, ought to be used common power toinvestigate its responsibility by the country as to the behavior ofendangering social public interests, the citizen individual has no rightnot to also need to get involved. The court is thought to deal with thedispute between private interests, and does not involve the affairs aboutpublic interests. The enforcement of the executive power is not intervenedby the judicial power in principle, accordingly, the system of traditionallaw of legal procedure based on this theory is based on safeguarding theindividual interests, as to the private interests dispute, the citizencan safeguard one's own legitimate rights and interests with judicialstrength through the court; As to social public interests, the citizen because instead of not having direct stake, its plaintiff's qualificationrefuses to admit, as to the maintenance of the social public serviceconsidered damaged or damaged, the gate of the court is closing the citizen.The fact proves, as the mankind enters the social life complicating dayby day and modern society in pluralism day by day of interests relation,the simplicity under "administration's omnipotent theory "relies on thissingle main body in the country to be far from meeting and safeguardingvarious social public service ownly, resume the need of the civil orderthat has been destroyed, use the judicial means to remedy thisinsufficiently as country's administrative supplementary privatestrength, considered to be a good recipe of inhibiting social publicservice from damaging fundamentally more and more. So, to" the country-administrative power-social public service: The break-through thatthis old power builds up of the citizen-judicial means-privateinterests", authorize citizens to damage and have the right to litigateto public service, no matter the damage of personal profit dispute orsocial public service, the gates of the administration of justice shouldall wide open forever for citizen individual, this has already become therealistic need. Thus the lawsuit system of public service is exactly foradapting to a breakthrough a kind of more ideal system that required andproduced, and legislate to examine and admit with practice abroad. Whatthis text should pay close attention to and study is the realization inthe field of Administrative Procedure Law of this system, and carry onresearch and discussion to the relevant problems of this system.