Research On Administrative Public Interest Litigation From The Perspective Of Power Supervision

Administrative public interest litigation directly regulates the runaway power operation through judicial processes.The access to this mechanism involves a compound ecosystem.This mechanism takes the legal form to clarify and allocate the powers or rights between two parts: the administration branches and the administrative relative persons,in order for a relatively stable power structure.The particularity of the public interest lies in its inseparability,non-exclusive compatibility and uncertainty.In the view of illiberal theory,the impartiality of public interest means that the public interest cannot favor any particular subject.Compared with the development of the civil public interest litigation,the administrative one is lagging in theory as well as in practice.In cases of public interest,administrative power operation will be out of control whenever this power is not limited effectively.Also,administrative public interest litigation cannot play the effective role of legal supervision.The theory of administrative public interest litigation is significant in guidance to curb administrative power abuse.Due to development and perfection of administrative litigation system for public interest,gradually the people are entitled to procedural rights in terms of administrative law.This progress is,in the macroscopic aspect of historical significance,is to aid in establishing the administrative power supervision system,to strengthen the legal supervision in China's supervision system,and to refresh chains of thought in the course of comprehensively implementing governing the country by law.This thesis consists of three parts: introduction,main body and conclusion.The first part,introduction,which contains the background of the topic,the significance and aim of research,world research statuses,literature review,research methods,innovation.The second part,main body,which divides into five chapters,chapter one-“China's overview of administrative supervision system”,which explicates the function of administrative public interest litigation in china's power supervision system.Chapter two-“the theoretical basis of administrative public interest litigation”,which mainly discusses the importance to build the theoretical basis of administrative public interest litigation.Chapter three-“The theoretical analysis of the influence of foreign administrative public interest litigation on China's administrative power supervision”,aims to find out enlightenments of China's administrative public interest litigation,which is just started,by analyzing the mechanism of governing the country by law's foreign administrative public interest litigation,which restricts the power of administrative.Chapter four-“The operation condition of China's administrative public interest litigation and its influence on administrative power supervision mechanism” and chapter five-“ The improvement of administrative public interest litigation does strengthen the supervision of administrative power”,which mainly analyze the cases of two years of trial of administrative public interest litigation,the abuses of power supervision by through administrative public interest litigation in practice and suggestions.The third part,conclusion,which mainly contains how to build a scientific and reasonable administrative public interest litigation system,and how to strengthen China's system of power supervision by starting not only from judiciary but also from legislation,legal consciousness.The author thought the improvement of administrative public interest litigation,which must be combined with the objective requirement of judicial practice,designed under the supervision of power.