On The Construction Of Administrative Public Interest Litigation In Our Country

In recent years, with the growing socio-economic development, politics haspenetrated into all aspects of social life, the increasingly powerful role of the executivepower in society. At the same time, the increasing number of administrative actsdetrimental to the public interest, yet existing administrative proceedings within theframework of a public interest litigation system can not meet the need for protection of thepublic interest, which led to repeated losing suits on administrative public interestlitigation. How to regulate administrative behavior free from administrative act against thepublic interest is an important issue.First, through the analysis of the "public" and "interests" to draw public interest is notspecific, and the distinction between public interests and individual interests and nationalinterests, in order to better define the public interest. On this basis, the characteristics andthe nature of the administrative public interest litigation, administrative public interestlitigation is civil, social groups, as well as specific state organs, behavior detrimental tothe public interest for the state administrative organs and initiate administrativeproceedings, the Public Interest Litigation the plaintiffs sued the administrative act doesnot require a direct stake. Secondly, through the introduction of administrative publicinterest litigation in the United Kingdom, the United States, Germany, Japan, summed upthe experience of the reference to China. Then, from the need to safeguard public interests,the angle monitor the executive administration according to law, and the democratic rightsof citizens have demonstrated the need for administrative public interest litigation fromthe judicial interpretation of our Constitution, the Administrative Procedure Law, thepractical experience of the foreign, the improvement of citizens’ awareness of the rule andthe improvement of the overall quality of judicial personnel to establish the feasibility ofthe administrative public interest litigation. Finally, determine eligibility from the plaintiff,the scope of the case definition of litigation under the jurisdiction of the allocation of theburden of proof, plaintiff’s withdrawal problems, and the cost of litigation andcommitment as well as pre-program the establishment point of view put forward the idea of our Administrative Public Interest Litigation.