Administrative Public Interest Litigation System Research

With the development of the Market Economy, Chinese people's sense of democracy and legality is becoming increasingly strong. Meanwhile, the power of the governments is also expanding while the legal supervision system is not regular. Harming to public interests from governments when they misconducting in office or abusing their power are common occurrences in our society now. However, according to the Administration Procedural Law in effect, citizens can initiate prosecution only against those conducts that do harm to individuals' legitimate rights; as for the conducts that harm public interests, they have no rights to prosecute. As a result, a large number of such kind of administrative conducts can not be regulated. This is really a drawback in our legislation. In this essay, the author will start from discriminating the meaning of public interests, and. on the base of referring to some relating foreign theories, give some advices on the building of our nation's administration procedural system of protecting public interests in the following aspects, namely, the subjects, prepositional procedure, the procedure of filing a case and the responsibility of giving evidence, etc.