The Study Of Administrative Public Interest Litigation System In Our Country

Administrative public interest litigation is a kind of administrative litigation forpersonal, organizational, national supervisory authority in order to protect the publicinterest. By establishing of the administrative public interest litigation，can realize thecitizens to restrict the public power of the state, to solve public damage caused byadministrative behavior of the administrative organ problems in practice.Study of administrative public interest litigation system, theoretical research can notonly add real materials and cases, extend the denotation of the theory of administrativelitigation; also can improve the system of administrative litigation, restricting power withright. At the same time, we can safeguard the public interest justice and effectively,accelerate the improvement of the judicial system.In this paper, by using of literature analysis, comparative analysis and othermethods，summarizes the existing administrative litigation legislation and judicial statusand the practice of China’s current difficulties. I analyzed the concept reasons, institutionalreasons of this dilemma; and compared the Anglo-American two legal reason for the riseof public administrative litigation, the process of development and their owncharacteristics, obtained the common in two legal system of administrative public interestlitigation development. By comparing practice in our country and experiences and lessons,this paper discussed about the process of establishing administrative public interestlitigation system in our country:First of all, the plaintiff qualification in administrative litigation should be expanded,but also broaden the scope of administrative litigation; secondly, a pre-procedure shouldbe set up, and the plaintiff’s right to appeal also should be strictly limited, a securitysystem of the administrative public interest litigation should be established, including thecost of litigation, the allocation of the burden of proof problem and so on.