On Administrative Public Interest Litigation

The administrative public welfare lawsuit is currently a hot research content ofadministrative procedural law in our country at the present stage. the emergence of alarge number of administrative public interest litigation on the case,.many experts andscholars have called for the mechanism to establish a perfect administrative publicinterest litigation. So what is the connotation of the administrative public interestlitigation? What is the mchanism of public interest litigation abroad? Which kind oflitigation system of administrative public interest should our country establish tobetter safeguard the public interest? The three problem is that this paper wants toexplore the problem. To solve the common premise of the three problems,we shouldmake clear what is the administrative public interest litigation? Administrative publicinterest litigation refers to "have no direct relation to the plaintiff and the interests ofsuit in order to safeguard the public interest against administrative action". Thisdefinition is framed the connotation and extension of public interest litigation inadministrative litigation law, the administrative public interest litigation and publicinterest litigation to distinguish ordinary. This paper mainly discusses four aspects: themechanism of administrative public interest action, public interest litigation andadministrative public interest litigation abroad, administrative public interest litigationsystem established in the administrative litigation law obstacle in china.The first part, overview of administrative public interest litigation, in all aspectsof the administrative public interest litigation, public interest litigation from theaspects of origin, historical development; the second part, the extraterritorialinvestigation of administrative public interest litigation, from the treatment of foreignadministrative public interest litigation cases to the analysis of the system ofadministrative public interest litigation in China; the third part, discuss the mainobstacles to the establishment of administrative public welfare litigation system basedon China’s administrative procedure law, differences, judicial relief, the prosecutioncondition are the main legal thought and concept of value restrictions, civil rights awareness is a series of disorders; the fourth part mainly discusses the administrativepublic interest litigation in China to establish the necessity the one hand, is the need toexpand the scope of administrative litigation, administrative litigation system, on theother hand is the protection of public interests, to curb the need of violating publicinterests. The fifth part mainly discusses the theoretical foundation of theadministrative public interest litigation, the paper mainly discusses three theoreticalbasis, from the constraints of administrative power, protection of civil rights, therealization of social fairness and justice perspective, this part is to establish theadministrative public interest litigation mechanism for. The sixth part is the structureof our system of administrative public interest litigation, mainly on the administrativepublic interest litigation system in our country architecture do some ideas, the authorrespectively from the administrative public interest litigation, administrative publicinterest litigation the plaintiff qualifications, the distribution of the burden of proof,the administrative public interest litigation security system, the administrative publicwelfare lawsuit limitation the mode of trial, the administrative public interestlitigation, administrative public interest litigation rewards on how to structure ourcountry administration public welfare lawsuit of the overall system.This paper explores the basic concepts of administrative public interest litigation,administrative public interest litigation abroad in many aspects such as the perspective,hoping to make a breakthrough and innovation.Studying the reason of theadministrative public welfare lawsuit system is not in Chinese established andestablished the feasibility.and the establishment of the administrative public interestlitigation mechanism is studied in this paper.At present, the administrative public interest litigation system in our country hasnot established, administrative public interest litigation system is conducive to theprotection of the rights of citizens and social public interests has a great guidingsignificance to the future of the administrative public welfare lawsuit.