Research On Procedure Of Administrative Public Interest Litigation

Administrative public interest litigation is a type of public interest litigation. Since China's current laws for the protection of the public interest and relief operation procedures are not specifically provided Although law experts for a lively discussion of what the Administrative Public Interest Litigation has been a lack of uniformity in the definition. Administrative public Interest Litigation on the definition is different in the academic community. The author agrees with the "public interest litigation is under administrative law, the principal administrative violations of national interests, social and public interests, the people's courts in addition to any other country outside the body community organizations, and individual citizens can request a special people's courts for redress in the form of litigation and sanctions. " Administrative public proceedings, in a nutshell, is the administrative court applied a special public interest litigation procedures. In contemporary China's judicial practice, with some of the administrative nature of the public interest litigation cases Court, in making a decision to prosecute is inadmissible or rejected, often have the following meaning : the case did not fall under the scope of the cases handled by the courts, or in this case the complainant in the case is not directly interested party or the other. As China's existing administrative system is no clear framework for public citizens to initiate administrative proceedings, Therefore, the court's ruling is understandable. With the theory and practice of administrative litigation in-depth study, the Administrative Public Interest Litigation has become a hot issue. Since China's current laws for the protection of the public interest and relief operation procedures not specifically provided that although the legal circle in the lively discussion, however, the research findings are often confined to the content of the Administrative Public Interest Litigation, Administrative public interest litigation and administrative proceedings in the traditional distinction between foreign public administrative proceedings, the general system, and the need to establish a public interest litigation with the possibility of exposition, China's current administrative public proceedings to research is involving rare. What is good for the administrative proceedings have not yet been examined. Comparatively speaking, the latter is of more significance. When traditional procedural theory face the new reality demands are feeling increasingly inadequacies or litigation practice, We need to reflect on our profound theoretical administrative proceedings, and take this as an opportunity, We should absorb advanced foreign theories and procedures to find a breakthrough in the development of our administrative public proceedings.Structural arrangements, the paper is divided into six sections, the first part of the research overview. The domestic part of the public administrative proceedings to conduct theoretical studies, Currently, China's research pointed out weaknesses, in the present study focus and innovations.The second part introduces the theoretical basis for the administrative public proceedings. Construction of any procedures needed to support the basic theory, public administrative proceedings will be a body of water mere show. In this administrative public proceedings, including some of the major features of the concept, Administrative public proceedings two small part of the theoretical foundation.The three part introduces situation of the administrative public proceedings in China.The four major part of civil law and common law countries of the public administrative proceedings. Enlightenment through a typical representative of the welfare state administrative proceedings comparative study Analysis of the Enlightenment administrative public proceedings in the comparison.Part V of the administrative building of the Public Interest Litigation specific procedures envisaged, In this public interest litigation with the main focus on administrative review process prior to the establishment Administrative public proceedings of the special session standardized detailed briefing. Administrative charity which regulate the proceedings of the special session include file, the evidence that the initiation of proceedings, the burden of proof, fact-finding and debate on the enforcement of sentences and other special standards.Part VI of the main authors of the administrative proceedings in the legislative proposals is issued on welfare.