Lawsuit For Commonweal Of Administrator

The lawsuit for commonweal of administration is a form of law modality. The necessity and imminency of constituting a system of lawsuit for commonweal of administration is in evidence increasingly although it is no longer that the lawsuit was in existence and developed and consummated independently. In this paper, constituting a system of lawsuit for commonweal of administration as soon as possible in our country is put forward form point of view of protecting public benefit and vindicating legitimate social order. The theory of the lawsuit wasdiscussed in four parts.The lawsuit for commonweal and the lawsuit for commonweal of administrator were discussed in the firs part. The concept and characteristic of these two lawsuits are given here. The sorts of the lawsuit for commonweal, the differences in lawsuit for commonweal of administrator, and lawsuit for commonweal of civil, and lawsuit for commonweal of penal, and lawsuit for private benefit of administrator, the efficacy of the lawsuit for commonweal of administrator are also expatiated and analyzed.The origin and development of the lawsuit for commonweal of administrator were analyzed in the second part in three aspects: the origin of the foreign lawsuit for commonweal of administrator, thedevelopment of foreign lawsuit for commonweal of administrator, the origin and development of the domestic lawsuit for commonweal of administrator. In this paper, it is creative idea that analyzed the development of foreign lawsuit for commonweal of administrator by phases.The status quo of the lawsuit for commonweal of administrator in our country was given, including the status quo of legislation, and problem in the practice of judicature. Meanwhile the reasons were analyzed.Thoughts of constituting a system of lawsuit for commonweal of administration were put forward base on jurisprudence and the analyses of feasibility and the necessity of the lawsuit for commonweal of administrator. Some advice were bring forward in the last part, such as questing for modifying the present lawsuit and questing for constituting emergency measure before the modification.