| 中文摘要 |
In China, public interest litigation in a administration is not a legal term. There are many opinions in legal scholarship about why we cannot build real public interest litigation in administration within the administrative procendure law. Our”national law”has no system of public interest litigation in administration, ”Qing and Li”require judicature to respond to public interest litigation. How can this contradiction be settled？In this article, through empirical analysis of the trial process, reviewing the out－come and knowledge gleaned from three classical cases about administration and associated civil litigation with the nature of public interest, conected with the realistic need of public interest litigation in administration during the transitional period, the author will discuss how to construct a judicial path to promote the building of public interest litigation in administration by judicial activism, when it demonstrates the jurisprudential value of the construction of public interest litigation in administration, whose aim is to be beneficial for the emendation and perfection of the legislation in administrative procedure law. The jurisprudence in this article is as follows：first, how does the judge in an administrative trial make legal identific ations of public interest claims in private litigation；second, which path and method is the judge in an administrative trial to select to cope with administrative litigation related to all kinds of contradictions；third, whether the judge in an administrative trial takes on social liability as a ”natural law”announcer with the deficiencies in the public interest litigation system；fourth, how is the judge in an administrative trial to apply the law when private interest mixes wit public interest in administrative litigation；and the fifth is which role the judge should play in the path selection of public interest litigation in administration during the transitional period. |
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