Studying On The Administrative Public Interest Litigation Systerm

With the development of the social economy of society,the administrative status is enhangced but at the same time it also increases the possibility of infringement of public interests.Moreover,the traditional form of action can't match with the new claims any more.After a long period of brewing and preparation,a system that allows people with no direct interest to bring administrative proceedings to the court for the maintenance of public interests has finally been recognized by the law.This system is an administrative public interest litigation system.Based on China's national conditions,to improve the administrative public interest litigation is necessary for consummating the administrative proceeding system under the current system,maintainancing public interests,facilitating the legally administration of government and protecting the state economy benefit.To discuss how to improve administrative public interest litigation should be combined with the status of administrative public interest litigation in our country,while various theoretical foundations foreign referential experience are also the reality basis on the necessity and feasibility of the improvement of the administrative public interest litigation's existence.The discussion is divided into four parts,starting with the basic theories of administrative public interest litigation,which summarizes the concept and characteristics of administrative public interest litigation and its relationship with other lawsuits and the theoretical basis and significance of establishing administrative litigation system.Next,based on the legislative situation of Chinese administrative public interest litigation system,and at the same time through a brief introduction to the implementation of relevant laws,the current status and existing problems of Chinese administrative public interest litigation system are outlined.Afterwards,taking the history and status quo of the administrative public interest litigation system in five other countries as examples,it sums up the enlightenment to administrative public interest litigation system of our country.The last part is to improve the administrative public interest litigation system in China,including increasing the number of citizens and social organizations as plaintiffs,expanding the range of administrative public interest litigation cases,perfecting the jurisdiction,withdrawing lawsuits,and the establishment of an administrative public interest litigation safeguard system.It contains the almost content of the system.