Citizens The Right To Appeal Of The Administrative Public Interest Litigation Research

Nowadays,illigal administrative behaviors which involve to the national interest and the public interest have happened repeatedly with the social economy development and the government administrative power daily espansion.Many administrative public interest litigation cases has been brought up in the court in order to protect these public interest.However,this kind of litigation cases was mostly rejected or even not accepted by the court because of no legislative basis.Administrative public interest litigation can not be brought up by common people in the governing structure of our country society just besause administrative public interest litigation system hasn't been established.Since the Fifteenth National Conpress of the Communist Party of China,magnificent goal of running state affairs according to law has been mentioned and written in the Constitution, and the Sixteenth National Conpress of the Communist Party of China has further proposed the programme of action of constructing socialism politics civilization.Chinese socialism ruling by law construction obviously speeds up.It is inevitable and necessary to establish administrative public interest litigation system by citizens according to our present administrative law theory,the practice of administrative law enforcement and administrative judicature as well as establishing limited government after entering into WTO.In this thesis,it tries to analyse and explore how to establish administrative public interest litigation system mentioned by citizens in our country from the following aspects:It studies the judicial protection of public interest from the dialicticial relations between public interest and personal interest in the first part.The relation of public interest and personal interest is not only monolithic but also antagonistic. Saying it exisits unity because public interest is based on multitudinous personal interest and personal interest can be changed into public interest in certain conditon, and also. many behaviors, encroaching public interest encroach personal interest.In the second part,it mainly discusses administrative public interest litigation by citizens in our country from the theoretical aspect,which mainly includes how to understand the concept of administrative public interest litigation by citizens,the definition standard of public interest in administrative public interest litigation as well as the comparative analysis between administrative public interest litigation by citizens and other litigation by citizens.In the third part,it studies the current situation,the common characteristic,the predicament and the reason analysis of administrative public interest litigation in our country in the recent several years from realistic aspect.In the fourth part,it elaborates the feasibility of administrative public interest litigation mentioned by citizens in our country from theory basis,reality basis as well as legal basis.Finally,it mainly postulates how to establish administrative public interest litigation system by citizens in our country,which includes principle analysis,ligislation design scheme and special procedure.