Certain Questions Research About Our Country's Administrative Public Welfare Lawsuit

The administrative public welfare lawsuit has existed for a long time in fact, the Western country , under the rule of law's administrative proceedings or the related law , had to manifest in. However our country has not established the public welfare litigation system, causes many violation social public interests the administrative action unable to obtain investigates, receives the violation the public interest unable to obtain the maintenance. Along with the populace enhancement of right and government by law consciousness, specially the right by individual standard to the social transformation of standard, the systematic study of administrative public welfare lawsuit becomes more and more important.The administrative public welfare lawsuit is to refer, when other administrative organ either public power organizations' illegal administrative actions or the non-behavior create to the public interest the violation or has the violation possibility, the law allows not direct stake artificial maintenance public interest, but filed the administrative proceedings to the court, investigated the administrative main body the legal liability system. Statement of our country administration public welfare lawsuit is the administrative procedure development inevitable trend, is our country economy, society and cultural development in the legal inevitable request. This article mainly from four aspects, namely administrative public welfare lawsuit outline and administrative public welfare lawsuit the document scope and administrative public welfare lawsuit's plaintiff qualifications and administrative public welfare lawsuit's procedure, has been conducted the systematic study to the administrative public welfare lawsuit.The first part is mainly carries on the explanation to the administrative public welfare lawsuit basic theory concept. First is carries on limits to the public interest, has induced the public interest four big characteristics. Limits of the public interest are important, because the administrative public welfare lawsuit's goal and original intention are the protection public interests. Next had expounded the origin, concept and characteristic administrative public welfare lawsuit, had an explicit understanding to the administrative public welfare lawsuit. Is establishes the administrative public welfare litigation system's feasibility and necessity to our country once more carries on the analysis.The second minute is according to our country present "Administrative procedure" stipulation to our country administrative proceedings is carried on the concrete study the document scope, rests on the existing legal rule unable to accept the administrative public welfare lawsuit which not direct formidable sponsor mentioned. According to the above, filed administrative public welfare lawsuit proper the document scope.The third part through carries on the historical inspection and comparison to the administrative proceedings plaintiff qualifications question, realized our country administration public welfare lawsuit plaintiff system's flaw, proposed administrative public welfare lawsuit plaintiff qualifications construction conception of our country.The fourth part is mainly through with the ordinary administrative proceedings contrast, proposed that the administrative public welfare legal procedure is suing and accepts, jurisdiction, to present evidence, the trying deadline and ruling aspect special place.