Study Of The Startup System Of Administrative Public Interst Litigation Proceedings

The startup system of administrative public interest litigation proceedings is different from the startup system of administrative litigation proceedings, based on there is no the public interest administrative proceedings system in our country at the historic moment, focuses on the maintenance national interest and the public interest, and has made up the insufficiency of the startup system of the administrative proceedings procedure.This system could to consummate our startup of the administrative proceedings procedure and consummate administrative proceedings procedure system to provide the model,and is advantageous to the guarantee administrative action validity, and promotes the administrative law could be objective, accurate in the national condition.This paper uses the comparative analysis, value analysis and empirical analysis.This paper is divided into the following four parts:The first part of administrative public interest action, analyses the administrative public interest action start of the basic concepts, compared the administrative public interest action and general administrative litigation, the similarities and differences of administrative litigation to ordinary start elements in administrative public interest action is applicable do start feasibility analysis, this paper discusses the significance of administrative public interest action start.The second part from the following three aspects of the administrative public interest action in the start of the current situation and the discussion of the system abroad:first is introduced in the system of administrative public interest action starting current situation, points out the existing problems and in the practice of the explore and try; second it is introduced the Chinese scholars to start administrative public interest action to explore the theory, points out the existing problems; third it is introduced the foreign system of administrative public interest action, summarizes the start their inspiration to China.In the third part of administrative public interest action from the start, we introduce the focus from "be actionable" to start our country on the basis of administrative public interest action:first is to explain the administrative act can be litigation, second it is discussed the administrative behavior can accuse the theoretical basis of the actionable; third it is introduced the definition in the administrative behavior can accuse procedure should be taken into account when factors.The fourth part in combination with the reality of our country and the reference of foreign experience especially India, and on the basis of administrative public interest action to our country the startup system design is discussed in this paper, including the establishment of the system of administrative public interest action principle, clear start administrative public interest action type and guard against abuses of mechanism.