Thinking About The Construction On The Public Interest Litigation In China

With the continuous development of society, continuous progress of human rights thought, for social issues related to the common interests of mankind, such as environmental protection, cultural relics protection, food safety, the loss of state-owned assets has social widespread interest was infringed, how to protect the legal means, especially relates to an effective pattern of civil litigation has gradually become an important task. Countries from the point of view of protecting the public interest in the angle of the legislation and the practice, has made the beneficial exploration and attempt. At present in the public interest litigation, administrative public interest litigation is basically in the blank, the relevant legislation is not perfect, litigation mode is not perfect, how to use of public interest litigation and administrative public interest litigation concept, referring to the model of administrative public interest litigation of foreign advanced completion of administrative public interest litigation in our country architecture, the paper studies significance.This paper mainly uses the inductive method, comparative method, concept analysis, system analysis, through the analysis and understanding of related concepts, based on the introduction of foreign administrative public interest litigation and reference, how to establish the idea for the administrative public interest litigation system of our country and the mode of. In the administrative public interest litigation concept, concept, and public interest litigation characteristics compared, difference and connection in order to further clarify the administrative public interest litigation for public interest litigation. The administrative public interest litigation is a branch of the public interest litigation, in addition to including civil litigation, criminal litigation (procuratorial organs launched). There are two broad and narrow sense theory concept of public interest litigation, the distinction is whether the plaintiffs subject will expand to social organizations and individuals, except the state organs outside. Public welfare lawsuit characteristic contains settings for the special purpose, prosecution, prosecution main extensive scope of the broad and relative certainty and judge effect on the ductility.As a public interest litigation branch of administrative public interest litigation, characteristics of concept and characteristics of both the administrative litigation on public interest litigation and public interest litigation is different. Mainly to infringe the public interests administrative organs as a defendant, in the prosecution condition compared with the public interest litigation is broader, the administrative action including administrative acts and omissions, and not to harm is a must, with real danger administrative behavior also can be used as a charged object. In the administrative public welfare lawsuit start mode, for man is able to own name directly to the court of administrative act, no direct interest relationship with his two views:one is that the individual can be sued directly as the main body; another is from the realistic national conditions and prevent the abuse of litigation on individual can only be considered, start as the administrative public welfare lawsuit, need to apply to the relevant state organs, social organizations according to law, by the subject as the plaintiff of administrative public interest litigation to the court. I think we should be the administrative action whether there is a direct relationship between as criteria to discriminate and self-interest.In the administrative public interest litigation in our country’s legislation and law enforcement in part, because of administrative public interest litigation officially recognized and established in China has not yet been, so in terms of legislation and law enforcement are basically in blank. The current legislation for the relief way and channel power is not specified, the actual operation is not strong, points out that in China’s administrative public interest litigation reality urgency and necessity. In law enforcement, the actual operation level is not possible, for the enforcement of the vision for the future to court administrative enforcement, law enforcement rights for some administrative organs, social organizations corresponding, through a variety of media supervision level, to achieve the best effect of law enforcement.The practice of administrative public interest litigation in foreign countries is to establish the best reference system of administrative public interest litigation framework in china. Introduces the system model to the United States as the representative of the common law countries and France and Japan as the representative of the countries of the continental law system. The United States of America’s "private prosecutor system", the French "ultra vires action", Japan’s "public action" is a combination of its own national conditions and political system creates the administrative public interest litigation mode. The most common is to protect the public interests as the center, given wide body suit qualification, and to encourage public participation in administrative public interest litigation, administrative public interest litigation system, at the legislative level legislation confirmation, protection of administrative public interest litigation smoothly. In the construction of administrative public interest litigation in China, mainly from the legislative aim and purpose, the scope of the plaintiff, evidence distribution system and effectiveness of the verdict and execution aspects.