On Administrative Public Interest Litigation System

Over the years, as the foreign administrative law and administrative law studies have advanced, the continuous improvement of the administrative legal system in China, and many with clear administrative public interest litigation cases cases happened in our country. And modify the administrative procedure law in2014have entered the agenda, the administrative public interest litigation has become warm to explore one of the problems of administrative law in our country. Currently in our country "administrative procedural law" and there is no provisions of the administrative public interest litigation system, but both in practice and academic circles more and more concerned about the construction of the system. Whether problem of scope of accepting cases of administrative public interest litigation, administrative public interest litigation filed qualification problem and problem of "public interest" defined in administrative public interest litigation or execution of the administrative public interest litigation and security problems, and is a very worth exploring. This article embarks from the foreign administrative law and administrative law, introduced and compared the emergence and development of administrative public interest litigation in the United States, at the same time introduce Japan, France, Germany, the administrative public welfare lawsuit system. Summary of the administrative public welfare lawsuit system to our country draw lessons from in these countries.This article first part mainly to the administrative public interest litigation has made the simple elaboration, from the administrative public welfare lawsuit’s concept, characteristics and basic theory.In this paper, the second part mainly introduces the emergence and development of the administrative public interest litigation in the United States. Sanders brothers radio stations from the United States accused the federal communications commission see the premise of the administrative public interest litigation is a case, the expansion of the scope of accepting cases of administrative litigation. From New York state industry federation v. ixian see the establishment of administrative public interest litigation cases. From tell on proceedings in this system to see the improvement of administrative public interest litigation.This part of this paper mainly introduces the administrative public welfare lawsuit system, some other countries such as Japan’s public litigation, litigation of France’s excessive administrative public welfare lawsuit system and some other countries.The third part of this paper mainly introduces the construction of administrative public interest litigation in our country some thinking of the problem. Including the legal source of the administrative public interest litigation problem, scope of accepting cases, qualifications of subject of the lawsuit filed by judgment and execution and security issues.