Study On The System Of Administrative Litigation For Public Interest

With the development of our society and the strenghten of the concept of the democrocy and law among the people, people not only care about their own personal interest, but also the protection of the public interests. With the swift development of administrative law, the administrative power grows stronger and stronger, and expends its scope extremely, as a result, the legal interests of subject of private right and public interests of the society are violated from time to time. To those who infringe upon the legal interests, the subject of private right may sue according to the administrative litigation; to those who inroad the public interests, since the principle of direct interests relationship of our administrative litigation result in the blanknes of the qualification of the plaintiff, there is a oversight of supervision and restriction of the administrative power from the judicial power, and those who are directly injured and threatened are qualified to get their redress. This principle can be strictly applied in civil law, but not in public law, because it overlooks the aspect on the public interests. When people develop into the modern society which is more and more complicated and multielemental, the only subject country and the country alone is no longer adaptable to the maintanence of all kinds of social interests, and is unable to renew the order of the social interest which has once been destroyed. So it is necessary to build up perfect system of administrative commonweal litigation, and to learn from the successul experience of foreign countries. With the theme to protect our country and public interest, we should develop and perfect the system of the administrative litigation of our country, so that it will more fit the need of the construction of legal country. Administrative Commonweal Litigation can be elaborated from four parts on the relative theory:The first part is on the Commonweal Litigation and Administrative Commonweal Litigation. Especially the origin, concept, characteristic on Commonweal Litigation and Administrative Commonweal Litigation have been elaborated and analyzed separately, so as to the basic theory on the classification of Commonweal Litigation . The second part is on the development of foreign Commonweal Litigation. This part has carried on the elaboration from three sides including the development and application on the Commonweal Litigation in UK-US legal system country, the development and application on the Commonweal Litigation in Mainland legal system country, and the reference and inspiration for out country's Commonweal Litigation.The third part is on the establishment the Administrative Commonweal Litigation in our country based on the reality which can be analyzed and elaborated from the following sides: the purpose on establishment the Administrative Commonweal Litigation in our country is atonement legal system crack, maintenance the public interest, optimization administration procedural law and preservation constitution authority and so on. This part also analyzes that Administrative Commonweal Litigation is the technical support for the current law and the necessary means in civil administrative supervision and maintenance public welfare.The fourth part proposes specifically several measures constructing our country's Administrative Commonweal Litigation. This part has envisaged the establishment for our country's Administrative Commonweal Litigation from four sides including document scope, mention the main qualification, division in proof responsibility and the concrete safeguard mechanism.