The Research Of Our Contury's Public Security Administration

Administrative public interest litigation system is an important law system that supports the public advantage and promises the good society movement mechanism,this system has already become one of the most host topics in our judicial acts and social activities,nowadays,there many countries in the world had built up perfect administrative public interest litigation system, and the theory about the administrative public interest litigation is also gradually mature .Our country didn't have any enactment about the administrative public interest litigation, this system hasn't been established in our nation. Limited by the present rules in Law of Administrative Litigation, Some illegality of administrative offices cannot be brought into the field of judicial investigation. For example, there is no obvious person involving gains and loss if public interest is damaged. It shows oversights in establishing the law. Many Chinese scholars discuss the question aiming to establish a system of administrative public interest litigation. With the development of our society and the development in modernization of legal system, it is inevitable to establish the administrative public interest litigation system in the last. The paper focuses on the problem and tries to do a bit to the improvement of the system of administrative litigation by analyzing theories of Chinese and overseas scholars.This text divides four chapters to expatiate how to set up administrative public interest litigation system in our country.The first chapter analyzes the concept and the characteristic of administrative public interest litigation. Involving the field of the definition of the public interest litigation, The relationship of the public interests and the individual interests, The classification of the public interest litigation, The meaning of the Administrative public interest litigation and the characteristic. The second section analyzes the public interest litigation of several countries with different law systems, including common law and civil law. Then, we make summary on several common aspects. And analyzes the obstacles of setting up public accusation in China at present.The third section analyzes the theoretic basis and systematic support for launching public accusation in China, which including analysis of the constitutional government system. Theories about power check, to prove that administrative public interest litigation system is essential.The fourth chapter discusses how to constructs our own administrative public interest litigation system and describes the problems need to be solved as to launch such system. Putting forward the concrete proposal from scope of accepting cases, the plaintiff's qualifications, burden of proof and so on aspect to constructed our administrative public interest litigation system...