The Study Of The Problem Of Administrative Public Interest Litigation In China

Although China has not fully establish administrative public interest litigation ,However, whether in academic discussions or in the judicial practice,administrative public interest litigation has become a hot topic。However, both the prosecution and the Planning Bureau of the university teachers of the students charged the Ministry of Railways, or the prosecution of the Inland Revenue Department's prosecution of farmers and the Department of Cultural Affairs of the artist, are failure in the end. This phenomenon can be described as a "persistent plaintiff, rock solid defendants, indifferent court ", it describes vividly the practice of administrative public interest litigation reality. Then the modern law of public interest for violations of administrative relief agencies, in general, outside of the executive power by the public power authority to represent the country for maintenance and support. However, due to the number of complex public interest and the number of species, only the simple power of prosecutors to rely on to achieve protection after the infringement is not enough, it provides the necessary and feasible for the Private citizens and other individuals involved in providing the necessary and feasible. The litigation right should belong to the people ,so this became a citizen on behalf of administrative public interest litigation to directly sue the state and society collectively to remedy illegal administrative acts of public power less than the legal origin. Administrative public interest litigation is in itself a system of administrative litigation is different from the traditional and new litigation system is a kind of executive acts detrimental to the public interest remedies. It is not established in our country overnight, the theory requires intensive preparation and the practice of long-term exploration.Administrative public interest litigation itself, including the eligibility of plaintiff, the scope of the case, the burden of proof, and special rules many other related reforms and the overall architecture. This article is divided into six parts: Introduction, administrative public interest litigation in the history of investigation, the Chief of the theoretical basis of public interest litigation, administrative public interest litigation in the comparative study of administrative public interest litigation on several basic issues, and administrative public interest litigation context of China.The first part is the introduction,From the question put forward, research status, research methods and expatiates the significance these angles, this thesis discussed already determined thoughts of its affiliated enterprises and directional, played a leading role articles. The second part is the administrative litigation system, through investigation to the history of historical analysis method to grasp the administrative litigation system of administrative public welfare action, and on the analysis of the concept of administrative public welfare action, further control system. The third part is the basis of administrative public welfare action theory analysis, mainly from the legal basis and constitutional foundation study and analysis of the two aspects. The fourth part is comparative study of administrative public welfare action, investigation of administrative public welfare action about outside the legislation and judicial practice, this paper introduces the main countries of the world advanced experience of the public welfare lawsuit, compares the differences between administrative public welfare action. The fifth part is relevant administrative public welfare action, focuses on several basic problems, plaintiff qualification and scope procedure safeguard problem. The last part is the Chinese context of administrative litigation system, in combination with the reality of administrative public welfare action, and constantly improve our scope of accepting cases of administrative public welfare action, make clear and the scope of accepting more reasonable, fully guarantee that citizens, legal persons and other organizations to more the lawful rights and interests of the citizens can have the right to bring administrative litigation, to fully guarantee the prosecutor's lawsuit rights and interests. To build a line with the people's interests, accord with democracy and the rule of law course, suitable for China's national conditions administrative litigation system.