On Administrative Public Interest Litigation

The legality of modern countries is founded on the basis of the theory of natural law. People form a government through social contract. The power of government originated from individual right. The government power must serve for the people within the limits of public welfare. Service is the duty of the government, and enjoying service is the right of the people. The government must always maintain the public interest. In a society, the public interest is the core and forms the material basis of the society. So if there is no public interest .the society will disintegrate finally, the power of the country will lose the base of its existence, and the individual interest will lose its protection. At present, law circle explored much how to effectively prevent the administrative power damaging the individual right, and in practice, our country have also set up a series of system. But there is no effective check and controlling doctrine to avoid potentiality of the damage of the administrative power to the public interest,so partial illegal act goes out of the limits of law .The preservation of the public interest is dependent on an efficient government. If the administrative power is out of control, it will do harm to the public interest, which is more serious than an individual can do. If we can not set up an effective system to control such illegal act of government, the administrative power will do harm to the public interest, which even can not make good. So the author advises to set up such a system, i.e. if the government does not positively act to maintain the public interest, or the government abuses the function to damage the public interest, we all can bring an action against the government to maintain the public interest, namely,...