Perfect The Administrative Public Interest Litigation System Of Our Country From The Interest Of Litigation

China's administrative public interest litigation system was established in 2017,which is a late start compared to developed countries.Therefore,there is still some imperfect parts in system design.The most distinctive drawback is the high threshold of administrative public interest litigation.To be specific,the system sets up many restrictions on the conditions of litigation,which are manifested in the unicity of plaintiffthe and narrow scope of accepting cases.This will hinder the realization of its legislative purpose,which means,many damaged public interests in real life are difficult to be remedied.In order to prevent the system from becoming empty words on a page,from the theoretical level to proceed to break the plight of the theory of its existence is the best solution path.The interests of litigation is the basis of litigation,and clarifying this theory is conducive to a comprehensive and in-depth understanding of the administrative public welfare litigation system.The interest of litigation is the basis to judge whether a dispute can enter litigation proceedings,and also the theoretical basis to set the conditions for litigation proceedings,therefore,this thesis will explore the development process of China's administrative public interest litigation system from the perspective of the interests of litigation,and find out its deficiencies by examining the litigation conditions of the system,so as to contribute to the improvement of China's administrative public interest litigation system.This thesis is divided into five chapters:The first chapter focuses on explaining the interests of litigation and related concepts.The purpose of this thesis is to define the interests of litigation from broad and narrow dimensions,so as to clarify the connotation and denotation of the interests of litigation,and to lay a theoretical foundation for the following research.The interests of litigation in the narrow sense only discusses the necessity and effectiveness of trial.In addition to the Interest of narrow sense,the Interest in a broad sense,also including the right to protection qualifications and proper party two elements grid.This understanding of the interests of litigation has shifted from the passive function of preventing abuse of litigation to the positive function of generating rights.Want accurate,in-depth understanding of the concept,not only to master the connotation of "public interest",but also to control the prosecution five elements of Chinese public administrative proceedings be understood.The second chapter aims to analyze the consideration of value in putting the interests of litigation into the administrative public interest litigation system.the interests of litigation occupies an important position in the administrative public interest litigation,since it is the theoretical basis for the parties to be eligible and the establishment of the litigation conditions.In this way,the procedural and substantive justice of administrative public interest litigation system could be maintained.The third chapter introduces the development and evolution of foreign litigation standards.From subjective and objective levels,this thesis traces back its development path,in order to form a more comprehensive and in-depth understanding of this concept,so as to provide theoretical support for discussion of the development of administrative public interest litigation from the perspective of the interests of litigation.From the subject level of the interests of litigation,the criterion of plaintiff's qualification has changed from "person directly interested " to " person with affected interests " to "citizen".From the objective level of the interests of litigation,the standard of the scope of accepting cases has changed from "the infringed legal rights" to "the factual rights worthy of protection".Therefore,we can predict the development trend of the administrative public interest litigation system from the evolution of the standard of the interests of litigation from both subjective and objective level,thus providing experience for the improvement of China's administrative public interest litigation system.The fourth chapter is the analysis of the standard of the interests of litigation in the administrative public interest litigation system of China.After observance of the design of the leading role in the system,the thesis finds that the procuratorial organ is a only qualified plaintiff.Although it accord with the the standard of “citizen litigation”,the limitation of narrow scope of plaintiff in the administrative public interest litigation system of China is prominent.After observance of the interests of litigation from objective level,the thesis finds that the scope of accepting cases is clearly defined by the law as "damaged legal rights and interests",which narrows down the scope of accepting cases.Chapter five is the deficiency and the way to improve China's administrative public interest litigation system.In order to improve the system,the thesis provides a way to improve the system in terms of the plaintiff's qualification and the scope of accepting cases.In terms of the plaintiff's qualification,it provides two ways to broaden the plaintiff's qualification,one is to increase the interest of the plaintiff's subject;the other is to explicitly apply the "citizen litigation" standard,that is,to increase the litigation qualification of citizens and social organizations.In terms of the scope of accepting cases,two methods are also offered.One is to increase more types of public interest on the premise of not changing the current standard of the interests of litigation.The second is to change the current standard to "factual rights worthy of protection" to overcome the limitation of the scope of accepting cases.