The Investigation For The Scope Of Administrative Public Welfare Lawsuit

Administrative public welfare lawsuit is a lawsuit system is on the rise in our country.It is one of the public interests of the judicial relief channels.Scope,the primary problems and theoretical basis of administrative public prosecution,has extremely important position in the public welfare lawsuit system.Scope set the standard or not,is directly related to the use of administrative public interest litigation,and the effective maintenance of the public interest.In view of this facts,our predecessors improved administrative public interest litigation on the basis of the theoretical research and practice,and formed a theoretical system of different countries around the world,and it gets good effect in the judicial.Many scholars and researchers in China will be going to regard administrative public interest litigation as an important research field,and the experts put forward their own views and perspectives for the litigation.In judicial practice,especially after the modification of "administrative procedural law" for the first time and ”the procuratorial organs filed a public interest litigation reform pilot program " were issued,the administrative public interest litigation also has been widely used in the pilot provinces,and it has obtained relatively good legal effect.The dribs and drabs of progress for the law is always happy,but it is always have a pity.At present,the administrative public interest litigation scope encountered many problems inevitably.First of all,the blank of law often make other problems in the suit that cannot be properly solved,the administrative public welfare lawsuit often can not in accordance with the law,and the specific problems cannot decide by the judicial organs in the public welfare lawsuit.Secondly,the administrative public lawsuit scope is still narrow,just only apply to the environmental pollution and other several cases,while other cases that involving public welfare will not get the benefit,Finally,whether the internal behavior and several kinds of administrative action add in public interest litigation,the parties join in the dispute,and it is not able to get a unified opinion.To set up administrative public welfare lawsuit's original intention is to protect all the public welfare from the injury of administrative behavior.The cases conform this standard that can be solved through litigation.Administrative public interest litigation in our country should be based on the concept to establish and make perfect.So,it is necessary for us to the administrative public interest litigation system and illustrates scope of cases,and put forward our own point for foundation and perfect the scope of cases of public welfare lawsuit.In this paper,starting from the relevant theories and concepts of scope of accepting cases,and using the empirical analysis,comparative analysis and other scientific research methods to study the problems existing in the scope of accepting cases,reference factors and foreign present situation and the improvement of the range,and the series of problems around the problems existing in the scope of accepting cases of administrative public prosecution in our country,combined with the actual case,put forward my own point for these view,and provide theoretical help for the problems of administrative public welfare lawsuit.