Research On The Administrative Public Interest Litigation System

As everyone knows, the public interest litigation is to protect the public interest, to avoid the erosion of public rights and private interests by public interest. The public interest is often eroded behind the public power's aggressive expansion or go-slow. But the lack of corresponding legal system in China has led to a large number of public interest is difficult to obtain judicial relief in the unlawful infringement by the administrative act, which exposed the shortcomings of the traditional administrative litigation. "Civil Procedure Law" was added in the system of civil public interest litigation, provided ideas and support for the establishment of administrative public interest litigation in China. We hope that through continuous reflection of defects existing theory and system, clarify the meaning of administrative public interest litigation, clarify the research direction, in order to achieve a comprehensive system of knowledge framework of administrative public interest litigation analysis, form a system of administrative public interest litigation construction model. Thus changes in the administrative litigation law of the opportunity, realize the construction of administrative public interest litigation system in our country.The first part of the article is the basic concept and characteristic of the administrative public interest litigation. Through the comprehensive analysis of different scholars understanding of the concept of administrative public interest litigation system, the further introduction of administrative public interest litigation. With the concept of gradually clear and thinking of gradually thorough, summed up the characteristics of administrative public interest litigation is different from other litigation; the second part is the necessity and feasibility of administrative public welfare litigation system. In order to protect the public interest and the supervision and administration according to law is necessary to the construction of administrative public interest litigation. At the same time, our country constitution, jurisprudence and judicial practice for the construction of administrative public interest litigation provides the basis; the third part is the introduction of the Anglo American law system countries. Based on the America, Britain, Australia, France, Japan, Germany, the administrative public welfare litigation system, summarize the advanced experience of other countries in the process of constructing the system of administrative public interest litigation in the analysis of deficiencies,,, based on the establishment of administrative public interest litigation system in China provide a reference; the fourth part is mainly to introduce the current situation of the administrative public interest litigation system of our country and concerns. Back analysis in the analysis of the foreign mature experience of advanced countries, the legal system, the status quo of administrative public interest litigation in China, and the problems that may be encountered in the process of localization of the system of administrative public interest litigation in the construction; the fifth part is the author of some basic ideas for the administrative public interest litigation system in our country. According to my situation, put forward the basic ideas and solutions to the main problems encountered in the process of the construction of administrative public interest litigation in China. Finally, put forward a better outlook on administrative public interest litigation system in China to establish.