Study On Several Problems About Circumstance Administration Commonweal Lawsuit System

Things happens often that administration infringes upon circumstance commonweal by nonfeasance or improper feasance. There is no commonweal lawsuit system of circumstance administration in our judicial system at the present time in China. As a result, circumstance commonweal cannot get effective protection sometimes. Therefore, it will make great sense that set up the commonweal lawsuit system of circumstance administration to protect circumstance public interest.This thesis consists of six parts. The first part defines the concept of circumstance administration commonweal and discusses the meaning and attribute of public circumstance right. It also introduces the concept and features of circumstance administration commonweal lawsuit. The second part analyzes the difficulty of carrying through the circumstance administration commonweal lawsuit. The third part compares the judicial practice of circumstance administration commonweal lawsuit in other countries. The forth part studies the theory basic of circumstance administration commonweal lawsuit system. The fifth part analyzes the necessity and feasibility of establishing the circumstance administration commonweal lawsuit in China and discusses the insurance system on the lay of administration. The last part gives some specific assumption such as the scope and status of accusers, the defendants, the jurisdiction, etc.