Public Interests Protection and Administrative Lawsuit
HU Yong-nin
Abstract
HU Yong-nin
Abstract
Public interests belong to all the citizens. They are of the whole society. If someone breaks the law and damages the public interest, which means he impairs the other's legal right or creates potential damage, any organization and individual have the right to sue the law- breaker in order to protect public interest. The ideal means to protect public interests should be like this: with the government playing the main role, and at the same time making use of the force of the whole society. The law used to protect public interest in our country is only limited to principle prescription level, which lacks the support of specific operational procedural law. This makes the public interest protection have no corresponding law to abide by. It is an international trend to establish public interest lawsuit system. In the future public lawsuit system establishment, public interest protection should be clearly listed in both the civil procedure law and the administrative procedure law.
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Public interests belong to all the citizens. They are of the whole society. If someone breaks the law and damages the public interest, which means he impairs the other's legal right or creates potential damage, any organization and individual have the right to sue the law- breaker in order to protect public interest. The ideal means to protect public interests should be like this: with the government playing the main role, and at the same time making use of the force of the whole society. The law used to protect public interest in our country is only limited to principle prescription level, which lacks the support of specific operational procedural law. This makes the public interest protection have no corresponding law to abide by. It is an international trend to establish public interest lawsuit system. In the future public lawsuit system establishment, public interest protection should be clearly listed in both the civil procedure law and the administrative procedure law.
Key concepts: Lawsuit, Public interest, Damages, Law, Public law, Administrative law, Government (linguistics), Order (exchange)