2011Administrative law reviewRequires access

Administrative Public Interest Litigation in Form of Objective Litigation

Liqun Ma

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Abstract

Currently in China,the cases of administrative public interest litigation(APIL) in the practice are almost self-benefit public interest litigations and the altruistic public interest litigation is still hard to carry out for the restriction of litigation qualification.Drawing lessons from abroad the classification theory of objective litigation and subjective litigation,China could construct its own APIL to enrich its administrative litigation types.All in all,in future,abiding by jurisprudence and spirit of the objective litigation,China's APIL should construct a series of procedures in accordance with the objective litigation jurisprudence,i.e.the right of action design of which should include multivariate start-up modes,the litigation type of which should be restricted to non-property given litigation and the litigation qualification of which should be only available to those special provisions in laws.

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What this paper is about

Currently in China,the cases of administrative public interest litigation(APIL) in the practice are almost self-benefit public interest litigations and the altruistic public interest litigation is still hard to carry out for the restriction of litigation qualification.Drawing lessons from abroad the classification theory of objective litigation and subjective litigation,China could construct its own APIL to enrich its administrative litigation types.All in all,in future,abiding by jurisprudence and spirit of the objective litigation,China's APIL should construct a series of procedures in accordance with the objective litigation jurisprudence,i.e.the right of action design of which should include multivariate start-up modes,the litigation type of which should be restricted to non-property given litigation and the litigation qualification of which should be only available to those special provisions in laws.

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Available abstract

Currently in China,the cases of administrative public interest litigation(APIL) in the practice are almost self-benefit public interest litigations and the altruistic public interest litigation is still hard to carry out for the restriction of litigation qualification.Drawing lessons from abroad the classification theory of objective litigation and subjective litigation,China could construct its own APIL to enrich its administrative litigation types.All in all,in future,abiding by jurisprudence and spirit of the objective litigation,China's APIL should construct a series of procedures in accordance with the objective litigation jurisprudence,i.e.the right of action design of which should include multivariate start-up modes,the litigation type of which should be restricted to non-property given litigation and the litigation qualification of which should be only available to those special provisions in laws.

Key concepts: Jurisprudence, Public interest, China, Litigation risk analysis, Construct (python library), Law, Action (physics), Civil litigation

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