On The Construction Of The Objective Of Administrative Litigation In China

With the establishment of China's socialist market economy and the promotion of democracy and legal construction, people started to pay more attention to the public interest and social values and Social order. It is necessary to further improve the administrative litigation system for the protection of public interest, the fair implementation of the social justice and the establishment of law and order. namely, to establish the system of the objective administrative litigation. This paper includ four parts.Chapter I deals with the concept of objective administrative litigation. According to the nature of the proceedings, the administrative litigation can be divided into objective litigation proceedings and subjective litigation proceedings. The objective Administrative proceedings means that the public can bring an administrative lawsuit to the court system, though the act of the administrative body is no direct interest to them. compared to the subjective, objective administrative litigation has the features, such as prosecuting with the public interest ,the uncertainty of the stakes of non-specific nature of the victims, the strict standards, ect. Objective Administrative proceedings are not exactly the same as public interest litigation. Public Interest Litigation is filed in the public interest. In addition to administrative litigation, the non-objective administrative proceedings focus on the full realization of the value of law, such as the powers of the executive conflict and its resolution, laws and regulations of the conflict and its resolution, ect. Public administrative litigation is only one part of the objective litigation. It is not just limited to public administrative proceedings, but to be conducive to the realization of the implementation of the rule of law to comprehensively study to study the objective Administrative litigation.The second chapter concentrates on necessity of the establishment of the objective administrative litigation in China. First of all, establishing an objective administrative litigation is a common practice of in the developed country in the administrative law. In France, the most important objective administrative litigation is the lawsuit of the ultra vires. In Japan, the objective administrative litigation include the Body suit, The public lawsuit. In Germany, the objective administrative litigation includes the Body suit, The public lawsuit and the civil litigation, the review of the specification and the review of constitution. Britain's objective administrative litigation means the Service Executive to represent the public to advocate the public. In the United States, the objective administrative litigation is Mainly related to human litigation, the taxpayer litigation and to make a request to fulfill litigation. From the above ,we can safety conclude that establish objective administrative litigation is common practice in these countries.China has joined WTO, the corresponding rules of administrative litigation will produce legal effects in China, we should establishing the administrative litigation system to demands it. Second, establishing an objective administrative litigation is the necessary to unified China's legal system, to protect the interests of the citizens, to partition the executive authority and to safeguard the inviolability of the public interest . Chapter III deals with the possibility of the objective administrative litigation. Establishing an objective administrative litigation in China has its legal basis and practical basis. The provisions of Article 41 of the China's Constitution, and the Administrative Procedure Law is it's legal basis. It is the practical basis for the Court to accept and hear a case of the community residents to the environmental protection department of community health supervision, the act of the management of ineffective and the admissibility of the residents v. Commerce and Industry authorities not impeding traffic vendors to clean up the administrative cases. Supreme Court'Judicial interpretation specifically cited the cases of several plaintiffs in a special administrative qualifications also have the objective nature of the special administrative litigation.The fourth chapter concentrates on the basic framework to establish objective administrative litigation. According to existing necessity and possibility of objective administrative litigation, we design the structure of objective administrative litigation in our country. For the types of objective administrative litigation, it should be included in group litigation , public litigation, administrative litigation of the abstract administrative action , administrative litigation of stage of administrative action. For the special procedures of objective administrative litigation, the plaintiff should be included in the prosecution or corresponding state organs,ordinary people, social groups, and state administration. It is appropriate to establish the model of objective administrative litigation that the prosecution should be the main plaintiff ,other subjects as supplementary. For the judgment of objective administrative litigation, judgments have their particularity and should be observed.