Interest Of Action In Administrative Public Interest Litigation

The "Interest of Action" is a very important concept in litigation,but it always has been discussed in the field of civil litigation.Scholars ignore its value and significance of administrative litigation.Especially,with the emergence of the new type of administrative public interest litigation and the development of the pilot work in the last year,although the study of administrative public interest litigation has never been interrupted,it is less of the exploration from the perspective of interest of action.Therefore,this paper attempts to discuss the interests of action as the starting point of the administrative public interest litigation system.In the first part of the article,the author summarizes the administrative public interest litigation system and the interests of action,summarizes the current research results and limitations,as well as the development of foreign countries and experience.Based on this premise,the interest of action is analyzed firstly.In the interest of action,the recognition of interest should not only focus on the substantive law,but also the public policy and the mainstream value.Only in this way can we adapt to the emergence of new types of litigation,and relief of the interests it wants to protect.In addition,the interests of action include three elements:the proper conditions of the parties,the essential elements of judicial power,the necessity and effectiveness of the substantive trial.In litigation,the interest of action is the core of the litigant's right of claim because of the damage of the legitimate rights and interests.The right of action involves two aspects:the subject of litigation and the interest of litigation.This will also be divided into two parts:the interests of the subjective action and the interests of the objective action.In the three elements of the interests of action,the parties are suitable for the interests of subjective litigation,and the essential elements of the judicial power and the necessity and effectiveness of the trial of the court are the interests of objective action.At the same time,along with the interest of action being used more and more,the main function of the lawsuit also experienced the transition from negative to positive.Secondly,it analyzes the interests of action in administrative public interest litigation.The interest of action has been put on the civil litigation,but we cannot ignore the value of administrative public interest action,which is more suitable than the administrative public interest litigation in the civil field.At the same time,the core of the administrative public interest litigation is to protect the public interests,so the benefit of litigation is the public interest.Therefore,it is an important part of the discussion that the public interest can be sued and the balance of the interests of litigation.In addition,the interest of action is the concept of procedural law,the different subject matter of litigation will inevitably affect the subject and scope of action.Therefore,in the administrative litigation of the benefit of litigation in the standard must be different from those in the existing administrative private litigation in the standard,then explore the administrative litigation of interest of litigation is particularly necessary.This paper discusses the administrative public interest litigation from the perspective of the interests of action,and finds the standard of plaintiff qualification and the scope of accepting cases.According to this standard,this paper expounds the suitable plaintiff and the scope of accepting cases of administrative public interest litigation.