On Fundamental Theories And Establishment Of Administrative Public Interests Litigation

Modern society, the administrative power enhances along with the national function increasingly, and cases of administrative act violating public interests increases at the same time. In order to restrict administrative power violating the public interests, some countries begin to draw into public interests litigation in administrative litigation field of Continental law system and Anglo-American law system. Thus the private-interest administrative litigation and administrative public-interest litigation integrates the whole administrative litigation system. The public-interest litigation of administration has respective features in different countries. The United States as original country of the modern public-interest litigation system have already developed complete public-interest litigation system. India developed letter jurisdiction system aimed at protecting the minority community. France's beyond-power action, Germany's representation action and Japanese popular action are also more perfect.In our country, when administrative act violates private legal right, people can accuse it according to the current administrative litigation law. But because of lacking of public interests litigation, court could not protect public interests violated by administrative act. In our country, there is the necessity of establishing administrative public-interest litigation system to protect national and social public interests. The writer hopes to contribute to the establishment of administrative public-interest litigation in our country through analysis and research in this paper.This paper tries to research the public-interest litigation system of administration through the following four chapters:The first chapter: On general of administrative public-interest litigation. Consisting of definition of public-interest litigation of administration, introduction of foreign administrative litigation of public interests and their common features, reasons of our country's lacking of system of administrative public-interest litigation.The second chapter is on the basic theories of administrative public-interest litigation. It consists of four aspects content: The social ideological foundation of administrative public-interest litigation, and the basis of jurisprudence, the basis of Constitution, the possibility of judicial review of public-interest case. The public-interest political theory is the ideological foundation of the administrative public-interest litigation, its jurisprudence basis lies in the power check and supervision theories and rights safeguarding theories, the rule of law principle and citizens'accusing right is the constitutional basis of administrative public interests litigation. The possibility of judicial review of public-interest case depends upon the plaintiff qualifications and how to determine public interests in jurisdiction. The third chapter is on the systematic establishment of the public-interest litigation of administration in our country. It consists of the following: the selection of litigation mode, the qualified plaintiff in our country, the scope of judicial review about the public-interest case, and so on. Here we don't discuss the problems in which the current administrative litigation law can applicable. The administrative public-interest litigation of our country should adopt the mode combined with direct indictment of citizen and administrative review previously, adopting the multiple starting mode, giving the citizen and social organizations and the public procurator plaintiff qualifications, Should adopt the way to enumerate definitely the scope of public-interest case as well as the way provided by the other laws, as to the responsibility of proof should still follow the provision of the current administrative litigation. The public-interest litigation of administration is divided into two categories. In order to stimulate person to participate in the indictment of public-interest case, we should praise the personal winner in the public-interest case.The fourth chapter is concerning the significance of establishment of administrative public-interest litigation and some problems on which should be emphasized. Establishing the administrative public-interest litigation contains following aspect meaning: Slice the solid protection of public interests, perfect judicial review system, promote judicial system reform, and promote society harmonious. Establishment of the public-interest litigation system need judicial application of Constitution, need to exert function of citizen and association in the litigation, needn't to worry excessively about the problem of abusive indictment.