Research On The Administrative Public Interest Litigation Of The Objective Litigation Mechanism

Administrative power is subjective,but administrative public interest litigation system is an objective law maintenance mechanism.According to the different purposes of litigation,administrative public interest litigation can be divided into subjective public interest litigation mechanism and objective public interest litigation mechanism.The objective public interest litigation mechanism aims to maintain the unity of the objective law system,which is an obligation of the government to perform public functions.Distiguisishing the the proporty aof the administrative public interest litigation system will help the procuratorial organs to play a crucial role in the further implementation of administrative public interest litigation.Administrative procedure law amended in 2017,formally established by the procuratorial organs filed administrative public welfare lawsuit system,the purpose of construction of administrative public interest litigation,administrative public interest litigation is in order to realize the supervision and administration authority administration according to law and protect the dual purpose of public interests,in line with the objective procedure maintenance mechanism,the construction and development has the characteristics of objective litigation mechanism of administrative public interest litigation is imperative.The two-year pilot practice of administrative public interest litigation started in July 2015 has shown many characteristics of objective litigation,so it is urgent to discuss the maintenance mechanism of objective litigation law,which is the inevitable requirement of China’s practical legal system.This article from the administrative litigation,after the lawsuit,litigation problems before with examples,and analyzes the common law countries with subjective litigation properties,and objective lawsuit system with characteristic of Germany and Japan,relevant national historical experience,in confirm attributes of the administrative public interest litigation is suitable for objective litigation at the same time,also based on the actual problem in China,combined with the related cases,from establishing objective litigation mechanism of the perspective of administrative public interest litigation,to improving Suggestions the problems existing in the administrative public interest litigation.