On The Construction Of Administrative Public Interest Litigation System In China

With the increasing development of economic society, executive power in all aspects of society plays an important role, originally should be to maintain and promote the public interest as the orientation of administrative power, in the process of exercising, there is often a public interest damage. Because there is no establishment of administrative public interest litigation system, leading to the public interest in our country although repeated administrative violations, but not through legal channels, seeking effective judicial relief.In the face of the reality of the predicament, the Party pointed out in the fourth Plenary Session of the 18 th CPC Central Committee, to establish public interest litigation system in our country. Especially the establishment of administrative public interest litigation system, but also to the law as the criterion, strengthen the administrative power of supervision, control, strengthen the protection of public interests. In order to respond to the real needs of the public interest, this paper discusses and studies how to establish the subject of administrative public interest litigation in our country. Except the introduction and conclusion, the full text is divided into three chapters.The first chapter focuses on the concept and characteristics of administrative public interest litigation. How to define the "public interest" is an important part of the study of administrative public interest litigation. Only by fully understanding the connotation of the public interest, can we choose the entry point of the study of the administrative public interest litigation. This chapter begins with the analysis of "public interest", and then studies what is the public interest litigation. Then through the analysis of the nature and characteristics of the administrative public interest litigation. It was concluded that refers to the administrative public interest litigation, the plaintiff in order to safeguard the public interest, in view of the administrative behavior harm public interests, institute the administrative litigation.The second chapter, the main analysis and comparison of the common law countries and the continental legal system on behalf of the administrative public interest litigation system. In the tide of globalization, legislation and judicial practice of administrative public interest litigation in foreign developed countries of rule of law is more mature, the expansion of plaintiff, by broadening the scope of the case and a certain limit to sue, we provides many useful references and are worthy of our study.In the third chapter, the absorption reference to foreign legislation and judicial practice, combined with actual situation, through determined the plaintiff qualification, definition of litigation case scope, reasonable distribution of burden of proof of the plaintiff and the defendant, clear the payment of litigation costs, set to prevent proliferation of litigation special rules, incentives in favor of the plaintiff and other a series of system design, put forward our country to establish the administrative public interest litigation system conception, boosting the implementation of safeguarding public interests, and safeguard the people’s democratic rights and supervision of administrative organs to administration according to law.