On the Organization Litigation in Administrative Litigation
|Keywords||administrative litigation organization Litigation public interest litigation collective disputes system design|
In today’s rapid economic development, people’s activities have become increasingly frequent, behavior influence is expanding, social life of the dispute has gone beyond a single body and a geographic range limits and presents new characteristics, the group dispute has become a security and social stability of the important premise for the development of. Administrative litigation system which possesses the impartiality, authority and ending in the modern countries under the rule of solving social conflicts, maintain social public interest plays an irreplaceable role, but the massive environmental pollution, protection of consumers’ rights and interests involving a large number of stakeholders’ new administrative public interest cases of litigation system is proposed high demand. In the face of traditional administrative litigation system is difficult to meet the community dispute resolution demand present situation, how to improve the relevant system to properly address disputes, rights protection, the realization of legal adjustment, has become our country in the process of rule of law must face the problem. Our country is in draw lessons from the experience of other countries based on the representative litigation, and many scholars higher positive evaluation, but because our country is in the period of social transformation, the content, the form of group disputes, types are diversity, not all disputes can Application of representative lawsuit system. Contemporary world each country to solve disputes litigation means is varied, the pursuit of the value orientation and function also has each emphasize particularly on, this paper selected by virtue of association, guilds and other social organizations of modern society management and control for the basic concept, and by many countries in the world in favor of group lawsuit system, from the legislation and practice perspective of the system are introduced and analyzed, and on this basis should adhere to a plurality of disputes solved, draw lessons from this system to our country group disputes judicial relief system to perfect proposal.This paper is divided into four parts. The first part is the basic theory of group litigation. This part from the social group concept, institutional characteristics, fundamental theory and other system in the aspects of objective and comprehensive analysis of the group lawsuit system contents and system advantage; the second part is the Germany and Taiwan region of China’s group litigation system in our country’s administrative group action and draw lessons from a meaning. In view of Germany and China s Taiwan region of the group litigation representative, this part is to the countries and regions as the breakthrough point, the group action system as the initial presentation, mainly out of group litigation system in Germany and Taiwan, the process of development and the practice operation situation, analyses the foreign group litigation system on the administrative litigation, reference, and combining the reality of our country, analysis of group action in solving group incidents in the advantage of the system; the third part is the organization of society of our country administrative litigation theory basis and realistic basis. This first part from our country administrative litigation legislation, public power, the balance requirement of modern society ruled by law and social welfare are analyzed from the aspects of the implementation of group litigation theory, then from the public interest groups, the rise of administrative litigation purpose, institutional advantages, as well as the group litigation practice. Analysis of the group administration litigation actual condition; the fourth part is a social organization with administrative litigation rules and system design. This section only from social groups to file an administrative lawsuit conditions, types, methods, limitations and security and other aspects of the group action of rules and systems thinking.