Administrative Public Interest Litigation Research

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,but we havn't formed the relative system of public interests litigation in the active structure of civil and administration on litigation.It has become a great theoretical and practical subject that we are facing how to prevent the government from encroaching on public interests on the grounds of protecting citizens'privately owned interestes.My essay does some systematical rearch on administrative public litgation mainly from four aspects,that is, the summary of the lawsuit theory of administrative public litigation, the investigation of the lawsuit mode of overseas administrative public litigation,the basis of constructing the lawsuit system of administrative public litigation of our country and the imagination of constructing the lawsuit system of administrative public litigation of our country.In the first chapter, the Summary of Administrative Public Litigation, I summarize the concept and characteristics of administrative public litigation by analyzing and studying the concepts of"public interests"and"public litigation"and probing into intension and epitaxy of"public interests"and the characteristic and classification of"public litigation". In the second chapter, I have investigated the lawsuit system of overseas administrative public litigation and proved tentatively for the construction of the administrative public litigation of our country. In the third chapter, I have carried on the discussion from the four aspects, the theoretical foundation, fact basic,legislative authority and the value of constructing administrative public litigation of our country. In the fourth chapter, in the imagination of constructing the administrative public litigation, my essay has carried on the discusssion about the concrete construction of the administrative public litigation of our country also from four aspects, the scope of accepting cases of the administrative public litigation,the qualification of plaintiff of the administrative public litigation,the burden of proof and distribution of the administrative public litigation, and the bearing of expense in litigation of the administrative public litigation and at same time I have proposed some elementary suggestions on its system design.