A Number Of Administrative Public Interest Litigation Issues

With the rapid development of Chinese economy,and the constantly improvement of the legal system , the administrative public interest litigation has been paid more and more attention. Today many countries have established a relatively perfect system of administrative public interest litigation,and the administrative public interest litigation on the theory also has become more and more mature. Although our country law has manifested the administrative public welfare lawsuit spirit, actually does not have the explicit legal rule ,which makes many violations of the legal gaps in public administrative acts subject to judicial review can not or will not be punished by law. Therefore, the corresponding administrative public interest litigation system has become an inevitable trend.This essay was divided into four chapters to explain a number of administrative public interest litigation issues.Chapter I: Overview and administrative public interest litigation theory.The public welfare lawsuit is delimited compares with the private benefit lawsuit, is refers to the activity that the citizen, the legal person, other organizations and the national specialized institutions , proceeded to the court directing the behavior of the administrative subject violating the law and be harmed to the public interest. The administrative public welfare lawsuit is one kind of the public welfare lawsuits, and is also one kind of lawsuit types in the administrative proceedings. The theory of the Public Interest Litigation is mainly based on the following three: party theory, the theory of power and the public the right to restrict the power constraints and theory.Chapter II: Foreign Public Interest Litigation and the Enlightenment. It offered us a useful reference experience through the investigation of the Attorney General of the United Kingdom system ;parliamentary system of administrative supervision; the U.S. system of civil litigation, Siren Attorney system; France's ultra vires of the complaint; Japanese people in the administrative proceedings and other foreign public interest litigation system for the country(A) One of the most important trends of the modern administrative law in most countries is expanded the scope of the stakeholders who legally have the right to administrative proceedings and involved in the administrative process administrative proceedings, including the people whose rights or interests directly or indirectly affected by the administrative acts of the administration of direct and indirect relative, or even "any person."(B) With the continuous development of social economy and the comprehensive of the law, national government both to expand the scope of administrative litigation cases, and increased the types of administrative action may appeal, in order to meet the administrative public interest litigation system in the general implementation.(C) To properly solve the problem of the administrative public interest litigation plaintiff quality, the court in every countries not stressed "direct interest relationship", that plaintiff must have evidence to certified the behavior which sued have violated the right that have been protect by the law longer, but by "The fact of the harm" principle, that is, if the plaintiff can prove that the respondent administrative act that he has been affected "fact of damage", he has the qualifications of administrative public interest litigation, and this damage can be physical, such as the economy on the property damage can also be consumer rights, environmental rights, rights and interests of non-economic value of the ecological balance of the damage.(D) For the continuous trend of expansion in administration public interest litigation , to ensure that the seriousness of the proceedings to prevent meddler from abusing action, governments have taken measures:or asked to bring the public prosecution action should be based on the law, whose the main aspects of clear rules and regulations on plaintiff, scope of litigation or administration public interest litigation has a special legal procedural restrictions.Chapter III :The Analysis on the currently status of Administrative public interest litigation.The principle of popular sovereignty constitutional principle of popular sovereignty, protection of human rights principles and the rule of law, criminal procedure doctrine of national prosecution or prosecution system, retrial system and the protest system in support of civil proceedings, such as the Supreme Court's judicial interpretation provided for the administrative public interest litigation based on indirect However, the establishment of Public Interest Litigation is still the rule of law development trend.Chapter IV: A number of issues of Public Interest Litigation in China.(A) Scope of administrative public interest litigation in China. Firstly, the standard to determine the scope of the administrative public interest litigation: the standard of administrative body, administrative standards of conduct, public interest standards; secondly, the specific ideas of the scope of administrative public interest litigation.(B) The Chief Public Interest Litigation Body.According to our country, both administrative public interest litigation should also be included in the Chief Administrative Prosecution private action, prosecutors, administrative agencies and organizations with public functions or groups, and citizens, legal persons or other organizations are entitled to qualified Administrative Lawsuit.(C) Administrative proceedings to protect public's thinking.This article from the set pre-process, the parties right of appeal action, the burden of proof, legal fees, litigation awards five to start thinking.