Study On The Administrative Public Interests Litigation

With the civil public interest litigation is written into “Civil Procedure Law”,the system has become the legal basis for the courts in our country to hear the environmental pollution and infringement of the legitimate rights and interests of many consumers.However,the concept of administrative public interest litigation is still only a hot topic of scholars to study since it was founded in China.Facing the wanton expansion of administrative power in our country in recent years and the frequent occurrence of public interests infringed cases,although these acts have been exposed by the news media,and even resorted to law,but there is no legal basis for the court to hear the case,causing it to suffer no suppression and punishment.The lack of relief channels is a big loophole in the administrative litigation law system of our country,and the existing legal system has been difficult to meet the actual needs.But the establishment of administrative public interest litigation can be a good solution to this embarrassing situation,while curbing the occurrence of administrative action against public welfare cases,the preventive function of the system can also make the public interest free from infringement with smaller judicial investment.In addition,because the system broke through the original concept of administrative procedural law,to a certain extent,can also promote the further development of China's judicial reform,democracy and legal system to further improve.To a certain extent,it can also promote the further development of China's judicial reform,and further improve the construction of democracy and legal system.The main structure of the article is as follows: first of all,briefly introduce the understanding of the system by different scholars,in order to introduce the concept of administrative public interest litigation system.On this basis,the article discusses the definition of public interest,the characteristics of administrative public interest litigation and the relevant concepts.Then the article explores its theoretical basis from the theory about interests of litigation,the principle of people's sovereignty,litigation trust theory.Secondly,in order to demonstrate whether our country has the soil to construct the administrative public interest litigation system,the necessity and feasibility of establishing the administrative public interest litigation system are discussed respectively.Thirdly,first investigate the main countries of the administrative public interest litigation model,and then,it summarizes the successful experiences of other countries and gives the enlightenment to our country from the aspects of the plaintiff's qualification and the scope of the plaintiff,the scope of the case,the preconditions and material awards.Finally,on the basis of the above,this paper puts forward some concrete suggestions on the construction of administrative public interest litigation system in our country,including the plaintiff qualification,the scope of the case,the distribution of the burden of proof,the jurisdiction of the court,the administrative organs of the first processing procedures,litigation costs bear.