Research On The Administrative Public Interest Litigation

The public interest directly or shares indirectly for all citizens, is the society stability and advancement foundation, is also the executive power existence important basis. In our country, the government provides the public interest for the populace to become the social group the essential, the individual development relies on to a great extent government's service. Although the executive power expansion is the management need, but itself also has the expansibility and destructiveness. Public interest's connotation is fuzzy, the populace lack the limits public interest the words power, left behind the too widespread space for the administrative law enforcement, the purpose of legislation is likely to be the executive power by distorting the actual operation, the administrative action violation public interest question has been even more serious. But our country implements at present the administrative relief procedure is very imperfect, the administrative procedural law's public welfare protection function is also limited, the judicial relief procedure's vacancy causes in the practice the massive administrative public welfare dispute to be unable to be able to solve, public welfare protection dynamics and the executive power expansion is not balanced. Therefore, for the better promotion populace blessing, while awards the Administrative organ authority, must consummate the corresponding surveillance and the relief system.This article launches the research from the following five aspects: The first chapter, take public interest's limits as the background, to the administrative public welfare lawsuit's concept, the characteristic and the function explains; The second chapter, from"the people's sovereignty principle","had the right to have the relief""the judicial final principle"to prove the administrative public welfare lawsuit system completely the rationale which and the logical conversion established in our country; The third chapter, establishes the administrative public welfare lawsuit system's necessity and the feasibility to our country carries on the system discussion, is helpful understands the administrative public welfare lawsuit system existence thoroughly in us the validity and thevalidity; The fourth chapter, carried on to two big legal system major country's administrative public welfare lawsuit system has combed with the comparison, provided the theory for our country administration public welfare lawsuit system's establishment to use for reference with the practice reference; The fifth chapter, from the pretage supervision procedure, the plaintiff qualifications, the document scope and the prosecution deadline, the jurisdiction and examines the level, the onus probandi, as well as the expense undertakes with the incentive mechanism, elaborates our country administration public welfare lawsuit system's concrete construction comprehensively.In brief, the right cannot leave the relief. In the government by law society, the lawsuit becomes the administrative oversight mechanism the most important way, must become the maintenance public welfare the fundamental mode and safeguards finally. Our country had already met the construction administration public welfare lawsuit system's subjective and objective requirement. We should base on our country's legal system resources and the realistic need, transforms the sovereignty in the people principle as the lawsuit right, transforms the legal matter the public welfare administrative dispute, for the populace and the public welfare social group through the lawsuit way, the participation social affair's management, the standard administrative official business responsibility, the maintenance public interest provides one efficient path, forms"by the lawsuit advancement democracy, realizes the public welfare by the democracy"the pattern, impels the executive power and the jurisdiction, the right and the authority benign interaction, promotes our country society's harmony and the development.