Research On Start-up Mode Of China Administrative Public Welfare Lawsuit

As our legal system step by step, public interest litigation especially the administrative publicinterest litigation, become the academic circles and the practical realm extensively discuss one of the hottopics. In recent years, the social needs of the development, and actively explore the reform and practice ofthe administrative public welfare lawsuit. More and more scholars think, the current legislation on thesystem of administrative public interest litigation in theory and system problems of omission. Study onestablishing administrative public welfare litigation system important content, is also the theory innovationmission.Establishment of Chinese administrative public welfare lawsuit system in boot mode is to safeguardnational and social public interests, to make up for the administrative subject to safeguard the publicinterest of inadequacy, strengthen the judicial supervision over administrative power restriction, theprotection of human rights and relief of vulnerable groups. Action theory for the development of theestablishment of administrative public welfare litigation system startup mode and provide the theoreticalpreparation, current regulations for the establishment of administrative public interest litigation modeprovides legal support, the Chinese and foreign legislation for the administrative public interest litigationmode provides a system model.Academic research is essentially a from the shallower to the deeper, by small arrive big graduallyadvancing process, many methods and ways to achieve the same. This paper focuses on the administrativepublic interest litigation the starting mode of this one center study.The first part of this article is about the administrative public interest litigation mode overview,including the following: administrative public interest litigation, start the connotation of mode, theadministrative public welfare lawsuit significance three content. The so-called administrative publicinterest litigation, is refers to the citizen, legal person or other social organizations as well as specific stateorgans, administrative organs, is based on its authorized organization or its entrusted organizations andindividuals do not perform their duties according to law and damage the public interests of the act ofadministrative lawsuit. However starting pattern connotation should include subject to initiate, start reason and order of initiation of this three respects content, namely around" by the who filed"," for what"," how tosuit" three key elements. As for the administrative public interest litigation mode meaning, mainly reflectedin the power supervision, perfect law system, the respect such as development.The second part of this article is through the transverse international investigation, the UnitedStates of America ’s" private attorney general" system, action for ultra vires in France and Japan civillitigation has its own characteristics and worth our learning. Draw lessons from foreign experience,combined with China’s basic national conditions, the construction of socialism with Chinese characteristicsof administrative public welfare lawsuit system startup mode.The third part is the administrative public interest litigation in our country start the tentative planof mode, based on the previous analysis, this part of the boot body, start reason, boot sequence specificresearch and analysis. Start the subject of controversy, the current mainstream viewpoint has three kinds:one yuan of main body view, two main body view, multivariate main body view; followed by the initiationof reason, no doubt, start reason is the public interest; finally, the boot sequence, there are severalcontroversies. Finally, our existing legal system, constructing China administrative public welfare litigationsystem startup mode.