Study Of The Representation Of Administrative Public Interest Litigation

Administrative public interest litigation is an important legal system to protect public welfare and give protection to the forming of a social operating mechanisms. But in our country, public interest is suffering from invading more and more seriously, as well as a sharp contrast with the lack of judicial relief or even the absence of the phenomenon is particularly prominent.The first problem we faced is how to start this lawsuit mechanism in the establishment of administrative public interest litigation system. The separation of the subject of litigation and the subject of right is the tendency of the world. Administrative public interest litigation involve the interests of the majority and need the Representation to achieve. Our country’s representative action was established. However, in as much as it is so simple and brief, and there are some shortages. This leads to a bottleneck effect on dealing with the dispute when more and more public litigation cannot adequate well with the Representative Litigation. In practice, Representative Action is implemented in many areas, especially some extensive and complex group disputes the moment it have some advantages that can’t be substituted by the traditional One to One litigation,and it has been presenting tremendous vitality in our country’s law practice. Introduce the beneficial parts of Representative Action into Administrative public interest litigation. That ask some class to deal with public party dispute can make it is easier to be scale the social majority dispute.Establishment and development of the legal system are always closely linked with the particular socio-economic and political development. Representation of administrative public interest litigation is not only to resolve dispute, but also adjust indirectly some social relation. Because of the Representation, the existence of some social values can be confirmed, and some social problems related with disputation can capture the attention of social members. This will influence government department and social authorities to establish related policy and implement which contributes to the equity and justice of our society. Because of the economic globalization, countries are all longing for discovering the trend of litigation system, learning from other’s strong points to offset one’s weakness. One of the most important aspects is the inosculation and same tendency among various group litigation systems. As national legal traditions and cultural differences proceedings, we can not directly copy the mode of foreign proceedings, But we can draw useful theory and system and combine with the mechanism of action of the organic integration of ideas. The establishment of Representation of administrative public interest litigation should be feasible.