Us-japan Public Welfare Administrative Lawsuit Comparative Study

Administrative public interest litigation system is of great importance and plays an important role during the building of the Constitutionalism states, and is also an necessary means to make series of constitutionalism goals true, at the same time, it is also an important means to maintain the society harmony and well work of every part of the whole society.The core and key of the research on the Administrative public interest litigation system is to break the unduly restriction to the plaintiff eligible of the traditional administrative litigation.And give more and more social main the eligible of starting the administrative public interest litigation for the purpose of protecting the social public interests.This article's research object is the countries of American and the Japan, which have the relativily mature administrative public interest litigation system, trying to use the clues of the plaintiff eligible of administrative ligigation to explore the historical trajectory of the birth and mature of the system of administrative public interest litigation, and to supply some theory supports to our country to build the administrative public interest litigation system.This article has three parts to study this problem.Firstly, is the summary of the administrative public interest litigation system.Mainly including some relatively concepts of administrative public interest litigation system, and its features, the theortical basic and the analysis of its values.The second chapter tries to make a positive analysis comparison between the administrative public interest litigation system in American and Japan.This part mainly analysis the typical morphology of this system in this two states, and have an analysis of the public litigation of Mmerican and people litigation of Japan, analysising some typical cases in this histroric process. using the historical changes of the plaintiff eligible to research the historical trajectory of the administrative public interest litigation system.The last part tries to have the entry point of the deletion of administrative public interest litigation system in our country , to discuss the meanings of building this system in our country. Mainly to discuss giving the plaintiff religible to the citizens , procuratorial organs, public social communities and lawyers. At last, this article has an discussion between the expanding of the plaintiff religible and the overcharging.