The Research On Anti-administrative Monopoly Public Interest Litigation

Because of political and economic reformation in more than30years, China has gotremarkable achievement. However, it exists a lot of phenomenons that conflict moderndemocratic politics and market economics system, and administrative monopoly is one ofthem. Administrative monopoly derived from illegal implement of administrative powers,therefore, administrative law should be an effective approach to restraint administrativemonopoly. Unfortunately，since the numerous current administrative litigation systemcan’t control the violation. The good news is, China has been attempting to buildadministrative public interest litigation system. The public interest will be morecomprehensive protected.administrative monopoly damage public interest prodigiously,so that administrative public interest litigation is a rational and feasible choice.The thesis begin begins from the definition of anti-administrative monopoly publicinterest litigation.This part is based on the concept of administrative monopoly andadministrative public interest litigation, the relation between administrative monopoly andpublic interest is also important. After that,the author discussed four necessary problemsin this kind of litigation.In the part of plaintiff qualification in administrative monopolypublic interest litigation, he advised that our country should give the right to prosecutors,private people and social organizations. In the part of burden of proof,the author analyzedburden of proof of plaintiff and defendant in the new litigation system. In the last part,thethesis involved the law application problem, the emphasis is standing of administrativeregulation,after that,the author introduced the way to supplement our administrativelitigation judgment system in the administrative monopoly public interest litigation.