Difficulties And Countermeasures Of Administrative Public Interest Litigation

Since the pilot of public interest litigation was carried out,the judicial practice of administrative public interest litigation in China has made remarkable achievements.On June 27,2017,the newly modified administrative litigation law added the "administrative public interest litigation" clause,filling the legislative blank of administrative public interest litigation in China.With the implement of administrative public interest litigation nationwide,the practical difficulties have gradually emerged.How to break through the practical dilemma of administrative public interest litigation is an urgent problem,to explore a public interest judicial protection road with Chinese characteristics.This paper is divided into four chapters.The first chapter investigates the design and practical experience of administrative public interest litigation in some countries and regions,including the United States,Britain,Germany,France,Japan and Taiwan.The author summarizes four references from the administrative public interest litigation system of these countries in Anglo-American law system and Continental law system.The second chapter respectively expounds the legislative status and judicial practice of administrative public interest litigation in China,during the pilot period and since it was fully implemented.It is concluded that many difficulties in judicial practice are the important reasons for the sharp decline in the proportion and the number of cases of administrative public interest litigation.The third chapter analyzes three practical difficulties in the administrative public interest litigation.First of all,the imperfect legislation restricts the development of administrative public interest litigation.Second,the practical predicaments are caused by the starting procedure.Third,the safeguard systems are imperfect which resulted in many practical difficulties.Meanwhile,the author analyzes the reasons for the dilemma of judicial practices.In the fourth chapter,the author puts forward three suggestions to perfect the administrative public interest litigation system,based on some advanced experience explored in Fujian Province.Firstly,the legislative system of administrative public interest litigation should be improved by exploring the legislative model,expanding the scope of plaintiffs and cases,clarifying the right of investigation and burden of proof.Secondly,we should perfect the procedure of administrative public interest litigation by establishing the source mechanism of case clues,giving full play to the pre-trial procedure and exploring the identifiable standard of defendant.Lastly,we should perfect the safeguard mechanism of administrative public interest litigation by comprehensively improving the professionalism of case handlers,innovating case handling mechanism,strengthening the economic and technological support,etc.