The Discussion Of Administrative Litigation On Public Interest

With the development of the economy of our country,the government is playing such an important role in the modern society that the possibility that it aggrieves people's rights and interests is growing.The traditional litigant form in our country can't adjust to the new litigant requirement.Administrative public interests litigation refers to a procedural action in which when the illegal activities or nonfeasance of the administrative subject have caused damages on the public interests,the law grants the party in indirect interest to take an administrative action to court,and to question the legal liability of the administrative subject in order to protect the public interests.With the overall evaluation of our country'national condition,to establish the administrative public interest litigation is the need of consummating the administrative proceeding system,maintainancing public interests,impelling the administrative organ legally administration and protecting the state economy benefit.To discuss the necessity of our country to establish the administrative public interest litigation have to unify the feasibility of our country The constitution basis existence,the legal science theory support,sues outside the benefit view renewal and the territory the the administrative public interest litigation profiting from the experience all to establish the the administrative public interest litigation.It is the reality basis on the necessity and the feasibility of the establishment the administrative public interest litigation'existence.The article is divided into four parts.In the first part,I probe into the basic principle of administrative public interests litigation,argue the concept and characteristic of administrative public interest litigation,specially for the meaning of "pubulic interests",the key words in the systerm of administrative public intersts litigation.Distinguishing the legal basis of administrative public interests litigation.In the second part,introduces the historical development,the present situation and the characteristic of administrative public good lawsuits under the legal systerm of common law and European continent,as well as its enlightenment.After a brief intruduction to the practice of national administrative public interests litigation in foreign nations ,we realize the necessity to build the sisterm administrative public interests litigation in our country.In the third part,I analyze the current situation of administrative public interests litigation in our country,discuss the necessity and feasibility of establishing the sisterm of administrative public interests litigation.Then,in the fourth part,I describes the structure of the sisterm of administrative public interests litigation,including the scope of accepting cases of administrative public interests litigation,the plaintiff qualification of administrative public interests litigation,the burden of proof and bearing of expense in administrative public interests litigation,the establishing of limiting mechanisms and the incentive mechanism to encourage individual citizens to protect the public interests.