Studying On The Administrative Pulic Interest Litigation System

In recent years,the cases which citizens initiate public interest litigation against administration misconduct for the public interests including theirs interest high frequently occur in the public realm of the administration and judiciary.In fact,the our country existing legal system can't duly solves this type of case,its reason lie in that our country don't yet build up the corresponding the judiciary of maintenance of public interests.This discourse discusses and draws up the system project that resolves the above-mentioned problem,that is to build up the public-interest litigation system of administration in the our country, and firstly draft the system frame.The article includes three parts of introduction,text and conclusion that systematicly research the public-interest litigation system of the administration.In the introduction,it mainly introduces the traditional administration theories and mentions the function blemish that the administration legal system guarantee and guard public interests and further puts forward the project that correct the problem through the judicial path,that is,the establishment of the public-interest litigation system of administration.The text part of the article is divided into four contents of having the close logic connections.In chapter 1,In light of antinomy and controversy of public interest in practices of our country administration legal system in recent years and the existing system of the present condition that can't duly tackle those problem,the article step by step analyzed the meaning and the general theories of public welfare of public in the public laws and the system realms of the litigation in two kinds of public-interst litigation,namely relationship between the civil public-interst litigation and the administration public welfare litigation.Chapter 2 of the article is the argumen of theories elaborating the administration legal system logic of the public-interest litigation system and the emphasis on elaborating public-interest litigation system that be supported by the three core theory namely the function of litigation systems,the nature of procuratorial power and the realization of the public interests.Chapter 3 focus on contents of the construction of the public-interest litigation system of administration, withdrawing the basic principle,plaintiff qualifications,being subjected to the case scope,proof rule,litigation expenses and limitting mechanism and the procedure etc.that delineate the outlines of the public-interest litigation system of administration from the angle of the system chemical element.The four-part of the article is the extension of the third part in the plaintiff qualifications of the administration public welfare litigation, namely argument of possible project that the procuratorial power participates and brings up the administration public welfare litigation.At the brief conclusion part,the auther puts forward that the birth and the growth of any system experiences the hardships necessarily,as for the public-spirited litigation of administration that its real system meaning permeate in the public spirit of social each corner.At the same time,the article writing process make use of some new angle of view observations,the analysis of process of the social activities. In the interval,the auther is willing to make use of analytical method of the history,society and the politics to analyze the present system condition and alignments,particularly involving the constitutional government realm in the most basically set question- the construction of the system of power and right.