The Research On The Public Interest Litigation Of The Administrative Organ Against The Relative People

The revision of the Administrative procedure Law of the Civil procedure Law on June 27,2017 marks the formal establishment of the public interest litigation system in China from the legal level.The establishment of this system is not only of great significance to the further improvement of the judicial protection mechanism of national interests and social public interests,but also conducive to the further improvement of the restriction and supervision system of administrative power.However,the protection of the right to education,which is related to the public interest,is not involved,and the frequent series of cases such as"Administrative organs v.relative Public interest Litigation"in Nujiang,Yunnan Province,are typical manifestations."'Administrative organ v.counterpart'public interest litigation'"means that state organs and their leading cadres are in the process of performing their duties,The form of"public interest"litigation in which the relative party infringes its rights and interests or refuses to perform its obligations to the people's court.After the case of"administrative organ v.counterpart" in Nujiang and other places,in view of the remarkable social effect,whenever similar cases occur in recent years,the judicial organs follow and refer to the precedent when making decisions.From the current legal text,there are no specific provisions to follow,but does not mean that this model can not operate effectively.The mode of"administrative organ v.counterpart public interest litigation"In order to carry out the orderly development,it is necessary to proceed from the needs of the deep and realistic development of law,in line with the construction of a country ruled by law.Through the investigation of the contents and legislative intent of the current Civil procedure Law,the Administrative procedure Law and a series of judicial interpretations,it is found that In practice,the current public interest litigation system in our country has produced inherent restrictions on the scope of accepting cases and relatively limited qualification of plaintiffs,inadequate definition of public welfare,and other restrictive problems,such as the emergence of new types of disputes in society.It is difficult to provide effective relief programs.Based on the reality of our country,on the basis of summing up the current practice of public interest litigation,combined with the implementation predicament and overseas experience in practice,this paper is based on the constitutional law.From the angle of administrative law,we can find out the legitimacy of the public interest litigation of "administrative organ v.counterpart".The causes and handling of many similar cases in recent years are sorted out and summarized,so as to expand the scope of accepting cases in public interest litigation,give the corresponding administrative organs the qualification of plaintiffs,and clarify the costs of administrative organs suing the opposite party.And what kind of punishment should be imposed on the infringing parents in this kind of case,make clear the corresponding administrative organ burden of proof and other appropriate suggestions,and then put forward some suggestions on the improvement of the mechanism of "administrative organ v.counterpart public interest litigation" at the legal level.The establishment of the public interest litigation mechanism of the administrative organ against the counterpart will be conducive to maintaining the normal social order,realizing the goal of maximizing the protection of the public welfare,and strengthening the supervision of the public interest litigation system.Supervision and effectiveness,to provide a new scheme of public interest litigation,for the future"administrative organs v.counterpart public interest litigation"system to provide a humble opinion.