An Analysis On The Administrative Public Welfare Lawsuit System

Content The construction of a harmonious society was put forward in the fourth session of the 16th NPC. It is our ideal and aim, but the question is how to build a harmounious society. The harmonious society should be democratic, just, honest ,energetic, orderly, stable one in which human being is in harmony with nature. That six characeristics determine that society should be focusing on public welfare. But , in realty, some selfishness and misconduct threaten public welfare and that is inharmonious. This kind of situation can lead to the instability of the harmonious society. In justice, these kind of lawsuits are rising while we are still in short of aid in law. This mismatching is an issue waiting to be settled. the administrative public welfare lawsuit refers to illegal behavior or misconduct to public welfare. Under this situation, the public,community and goverment have the right to raise administrative lawsuit to court. Compared to the traditional lawsuit, this adminstrative public welfare alwsuit has got its own features. It is for public welfare.The plantiff can be various person or community and dual. The influence of this kind of lawsuit is profound. But in justice practice, there are still many difficulties. This paper tries to analyse the reasons leading to the difficulties from thought, legislation and justice based on the practice.Some experiences from abroad are introduced and summarized in this paper.At the end, some suggestions are put forward. These suggestions are probing into the specific methods about the administrative public welfare lawsuit to buiding a harmonious society.This paper is divided into three parts. The 1st is a general introduction about public welfare and the characeristics of this kind of lawsuit. The 2nd part is about the importance of the system in building a harmonious society. The 3rd part is about the reasons leading to the difficulties related to administrative lawsuit.the fourth part is about the methods to realize this system. It states the contrast between British and American system and Chinese system. Thus a summary is resulted in. Finally basing on the current situation and foreign experiences, it puts forward some method to realize the system.