The System Construction Of China’s Administrative Public Interest Litigation

Administrative public interest litigation is a critical criterion to assess the politicalcivilization of a modern legal state. It origins and develops from the improvement of socialdemocracy, being a important tendency of administrative litigation in contemporary countriesall over the word. With the development of Chinese democratic legal system,administrative public interest litigation issue has transcended beyond the academic field andmore and more become an unavoidable critical problem in judicial practice. Therefore, basedon the fundamental administrative public interest litigation related theories, this paper intendsto analyze the administrative public interest litigation situations in developed countries, andpoints out the necessity and possibility of the establishment of administrative public interestlitigation system in china. As administrative public interest litigation aims to protect thepublic interest and there are many successful examples in other countries, we can take in othercountries’ experience and put it into practice in china, which will accelerates the reform in thelitigation field in China. Establishment of administrative public interest litigation plays aimportant role in protecting the public interest, and meanwhile, it will better proper Chineselitigation system, supervise the government’s administration and put forward the politicalcivilization as well. To realize the progress and integrity of administrative litigation and topromote the process of China’s rule of law, it is necessary to a administrative public interestlitigation with the protection of public interest as its main aim, then the realization of socialharmony will almost come true.Through the analysis of specific cases and absorption of experience from abroad, theauthor put forward her own idea about Chinese administrative public interest litigation. Thegeneral idea is to clarify the plaintiff qualification of individual citizen, social organization,non-profit organization and procuratorial authority and to clarify scope of accepting cases inadministrative public interest litigation and distribution of the burden of proof. Plus, regulatethe expense in litigation and strengthen the protection of the plaintiffs’ right and interest are inthe outline as well.The research anticipates a high qualified public interest environment in a market economy and democratic legal country by the practice of judicial capacity.