Research On The Administrative Public Interest Litigation

In our current legal system,only because there interests are infrnged the right toinitiate proceedings. But with the development of practice activities,many detrimentaito public interest administrative activity gradually attention,and in practice more and more about the public interest litigation is filed,but almost all have been rejected by the court,and the reason is the current law.Based on the reality and between the law of damand and supply gap between the foot law,in some western countries have started the applicable administrative public interest litigation has been introduced into China,as many scholars and research content due to the lack of legiaslative support, administrative public welfare litigation system is only at the theoretical exploration stage.This article take ithis as the object of study,tried again to administrative public welfare lawsuit system the theoretical basis and practical needs.Administrative public interest litigation is that when the administrative illegal acts or omissions on the public interests or infringe infringement rick,law allows no direct interes in order to safeguard the public interests in administrative public welfare lawsuit to the court shall be subject to administrative legal liability litigation activities.There is currently no legislation in the administration litigation of public interest,and the reality of the urgent need establish administrative public welfare litigation system is to improve the system of administrative public interest litigation needs,is to maintain the public interest needs,more is to promote the administrative organ administrative need truly. In China to establish administrative public interest litigation is necessary and operable.On the constitutional basis of existence, the legal taeory of the support,the expansion of the scope and subject-object relaxation and foreign esperience,both for China administrative public interest litigation established to provide the oretical and practical bases.This text is mainly from the four aspects are introduced, the first part mainly discusses the basic theory of administrative public interest litigation,discusses the concept and characteristics of the administrative public interest litigation.Introduced the administrative public interest litigation on the home of the statement,summarizes the similarities.the second part introduces the common law legal system and the mainland legal system of administrative public interest litigation development hi story, status and summarizes the western countries under the rule of law in the administrative public welfare lawsuit common charactetristics.Draw lessons from the foreign administrative public welfare lawsuit theory and practice makes we feel in our country the establishment and the implementation of administrative public interest litigation is age and worldwild law gradually the same inevitable.The third part analyzes the establishment of administrative public welfare lawsuit in our country the legal theory and practice bases and establishment of administrative public interest litigation necessity.The fourth part discusses about the establishment of China administrative public interest litigation system several ponders. Inclucding the relaxation of the plaintiff qualification of administrative proceeding’s,determine the reasonable the reasonnable allocation of burden of proof,lawsuit expense way the and the establishment of the incentive system.Establishment of administrative public welfare lawsuit in our country,is not only feasible,but also has the urgent necessity.In our country,through administrative litigation protection situation and many types,such as on the protection of the environment,edcation and various monopoly behavior.Said the administrative public interest litigation in our country has great pertinence,the most direct reason is that in the real life many commonweal violated but not the judicial relief. So this resrerch ideas from the West into the theory and legal practic proceed with,draw lessons from in combination with the actual situation in China,focuses on the administrative public interest litigation plaintiff qualification relaxtion and sued specific administrative acts to relax to absteact administrative behavior and to determine the reasonble allocation of burden of proof,lawsiut expense way and so on,to the public and private protaction each actuator to advocate and promote our country’s administrative public interest litigation constrution.