Research On Several Questions Of Administrative Litigation Of Public Interests

In recent years,numerous theoretical studies of the public interest litigation had been carried out in academia.Many people is actively engaged in the practice and legislators are trying with infinite care.Amendment of Civil Procedure Law in 2012 first definitely ordain the Public Interest Litigation System.The ultimate forming symbol of this system is the interpretation of Supreme People's Court of the PRC in December 18,2014.However,the new Administrative Procedural Law has no special regulation on the the public interest litigation.Prosecuting authority was authorized to initiating pilot of public interest litigation in May 5,2015,which has cased the argument of administrative litigation of public interests.How to deal with the problems in the construction of the system and put forward reasonable solutions should be the focus of academia.In the structure arrangement, this article is divided into four parts, the first part is the theory and concept of administrative litigation of public interests,especially focuses on the connotation of "public interest".The second part is the research on the plaintiff qualification of administrative public interest litigation through the comparative analysis of the theory of the traditional plaintiff qualification theory and the development of the interests of litigation.Then put forward that the objective needs of the traditional administration power theory has not adapt to the development of litigation practice and administrative litigation,and,the interest theory should be adopted to solve the conflict between the traditional plaintiff qualification theory and the administrative public interest litigation, and provide theoretical support for the construction of the plaintiff qualification of administrative public interest litigation.In this part, it is argued that the plaintiff qualification should be expanded to the citizen, social organization and the prosecuting authority.The third part is mainly devoted to the system design of the scope of administrative public interest litigation in our country.On the basis of the investigation of foreign countries to explore the scope of the administrative public interest litigation in the scope of the definition of standards and legislative model, and lists the current case should be included in the scope of the case type.The fourth part discusses the specific proceedings.This chapter discusses the main contents of the administrative public interest litigation from the aspects of litigation request, starting mode, trial system and safeguard system.