A Research On The Path Chosen Concerning The Construction Of The Public Interest Litigation System In The Respect Of The Harmonious Justice

The administrative litigation of public interest is one of the effective means to crack down on the violations or misconduct against social and public interests. At present, the legislation does not provide for the administrative public interest litigation system theory and judicial sectors to the executive or the public interest litigation-related issues to reach a consensus, in practice most of the cases are related to the rights ended in failure. However, the Chief Public Interest Litigation will be established in the building of a harmonious society and safeguarding the public interest to promote administration according to law, as well as the realization of fairness and justice play an important role. On the basis on China's national conditions and in light of the trial practice, the author tried to analyze problems encountered in the establishment of the system in the level of concept, and in the process of acceptance of the case, the trial and the implementation. Besides, the author proposed to establish a pattern of a limited-open public interest progressively, and discussed the thought and concrete proposals on the establishment of China's administrative system of public interest litigation from the legislative level, judicial and executive levels.The full text is divided into five sections:The first part consists of our public administrative proceedings Research and Development. Firstly, this section introduces various concepts of public interest litigation in the academic circles, and on that basis, the author has formed his own view. Secondly, this section describes the shortcomings in the current legal system on the issue of the academic study, that is to say, most of the regulations aim to limit the executive power, while neglect to focus on the nature of the content, that is, "the rule by people". Thirdly, through the relevant cases, the author analyzed the current situation which included the judicial proceedings of acceptance, the administrative hearing on the public interest litigation cases.The second section consists of the value of public interest litigation under the vision of a harmonious administration of justice based on the administrative establishment. Social harmony is the essence of socialism with Chinese characteristics, which is an inevitable requirement. The establishment of the public interest litigation system indicates that the country has endued the people with the democratic rights, indicates that the broad masses of people involved in the public interest has been guaranteed with the protection of the judicial channel, furthermore, provides the supervision against the illegal actions and promotes the construction of the administrative system.The third section consists of the administrative establishment of the legal merits of the public. First of all, the theory of popular sovereignty is the ground to build public administrative proceedings. All power in the People's Republic of China belongs to the people. The exercise of executive power must be elected by its people. If the illegal administrative action damaged the public interest, the people should be entitled to supervise through litigation. Secondly, the theory of checks and balances is the establishment for the administrative public interest litigation. The administrative power would expand naturally. In order to prevent the abuse of executive power, the power must be controlled by another one. Public interest litigation is an effective way. Thirdly, the protection of the rights of public administrative theory is the legal basis. There is no right without any relief, any legal rights would survive on the basis of the right to obtain judicial relief.The fourth section consists of the establishment of the administrative problems of public interest litigation. In the absence of legal and institutional safeguards, the proceedings of the filed, the acceptance, the judgment and the enforcement of the public interest litigation would be restricted. Firstly, the cultural barriers prevent people from appeal. The second is the lack of legislative support, which leads to the difficulty of acceptance. Thirdly, the trial would face the embarrassment in the practice. Fourthly, the enforcement meets the trouble due to a lack of recognition in the concept. Due to its impact, the public interest litigation cases is very difficult to implement. In turn, the ineffective implementation would affect the authority of the judiciary.The fifth section consists of the mode of building the administrative public interest litigation in line with China's national conditions. The author has put forward specific ideas and proposals on the legislative, judicial and administrative establishment of three levels of the administrative system of public interest litigation. Firstly, the legislative level. The plaintiff should be removed from the restriction, that is "a direct interest" to prosecute which ensures that citizens, legal persons or other organizations, prosecutors are entitled to start litigation for the public interest damaged by illegal actions. At the same time, the regulations shall be stipulated concerning the distribution of the burden of proof, action to bear the cost of the way, in order to prevent indiscriminate and against public interest litigation filed stimulate civic enthusiasm. Secondly, the judicial level. First of all, it is necessary to improve the overall quality of judges to ensure that judges can deal with cases arising in the course of complex cases; and the procedures must be strictly controlled; the last one is to confirm cases, the prior case should be similar to the binding decision of the following case, unless it can make it better for the protection of the interests of the public, otherwise the prior case should be followed. Thirdly, the administrative level. The executive authorities should improve the ability of administration according to law, the executive authorities shall promote administration according to law and straighten out the citizenship and the relationship between the executive power, the last but not the least, the Government shall open the communication channels with people and provide the citizens right to information, public areas such as administrative efforts to ensure that the public interest to the Executive Action to create a good environment for the executive.