On The Scope Of Accepting Cases In Administrative Litigation In China

As the rapid development of the economy, the shortcomings of economic regulation only based on market is becomming more and more obvious. So the government is beginning to intervene in all areas of economic life,as the expansion of executive power brings people welfare,it also increases the risk of infringement of the right.To protect rights effectively is a common requirement of people, in order to regulate the exercise of executive power,the judiciary introduce the administrative procedures in the course of the exercise of executive power.But a reasonable exercise of the executive power is far from satisfaction,it needs the judicial guarantees to play a role ultimately.However according to the traditional mode of the right to appeal,when the public interests are infringed upon the executive power due to the lack of effective judicial remedies,that is lacking suitable subject to be the plaintiffs or no exact case range, facing public interests,there is a dilemma in traditional management rightof appeal whereas public interest litigation can solvethis problem.interest. Institutional reform must be based on advanced theory as a guide.Effective protection of civil rights and the right to exercise supervision over administrative law requires the establishment of administrative public interest litigation. Administrative public interest action must be based on advanced theories based on theory of administrative public interest action matures, we must think creatively. Therefore, in order to protect the public intereseffectively t, promoting administration according to law the executive authorities, the establishment and construction of administrative public welfare lawsuit system time for the scope of administrative public welfare litigation.Trying to attempt to do something useful from this article: in theory, explore the theoretical basis and significance of the scope of administrative public welfare litigation. And on the status of administrative litigation of our country and analysis of problems existed in the scope of accepting cases, to construct China’s analysis of the scope of administrative public welfare litigation.The text is divided into six parts: the first part introduces the scope ofadministrative public welfare litigation background and significance of the study and the research methods used in this paper. Second part on scope of administrative litigation and administrative public interest litigation overview to the basic theory, meaning the public interest litigation, and characteristics of the administrative public interest litigation, the concept and scope of administrative public welfare litigation construction significance of the scope of administrative public welfare litigation. Section III analyses the theoretical foundation outside on administrative public welfare litigation in some countries and the inspiration and significance to our country. Part IV is primarily our scope of the Administrative Procedure Act concerning the current legislative provisions, raised the issue of scope of accepting cases in administrative litigation in our country. Part five major set out from the principle of the scope of administrative public welfare litigation, with scope of administrative public welfare litigation in the typical examples and analysis of cases, further identify the scope of administrative public welfare litigation. Part VI presents conclusions, to the article main points summarized.Dissertation research focuses on the theoretical level on the improvement of administrative public welfare litigation conducted analysis and reflect on the problems of China’s existing legislation, and through the analysis of the root causes of the problem, proposed scope of construction of administrative public welfare litigation proposals.Discussion on theory, this paper mainly main applying value analysis and documentation of the research methods, theoretical innovation is the introduction of administrative public welfare lawsuit system in China and analysis, in-depth discussion of the existing problems in the scope of administrative public welfare litigation, and put forward a sound proposal in a targeted manner.