On The Theory Of Administrative Public Welfare Action Plaintiff Qualification

The administrative litigation is a certain range of people or special qualification for the party, the administrative body of the illegal act or omission of the public interests infringed or has caused concern for the maintenance of public interest to court of administrative litigation. Relative to the criminal and civil litigation, administrative public welfare action has more features. With the continuous development of society, the inflation and administrative litigation is for supervision and administration of the operation maintenance of public interest. But in the administrative litigation, who has the right to bring a suit? How to determine the administrative litigation plaintiff qualification is established by the administrative litigation system to solve the key problem, but also a strong theoretical and academic problems. In our judicial practice emerged in a number of cases of administrative public welfare action, but mostly on the plaintiff is charged, it was rejected with our stakeholders' theory are directly connected. Foreign administrative litigation system has broad plaintiff qualification, Chinese scholars have also have certain research, thus the system can be combined with the reality of the situation and gives more subjects based on to the plaintiff qualification, which will benefit the public interests and the national interests of maintenance.So you can think of administrative litigation, the plaintiff qualification system in concrete construction is the core of the system of administrative litigation. Firstly this paper pil, administrative public welfare action and the plaintiff qualification of the concept and connotation of the relevant administrative public welfare action, points out the plaintiff is different from traditional private interest litigation, and the characteristic of the plaintiff is analyzed by the case in China because of the theory of optimal restriction and legislative blank for maintenance of public interest is very effective administrative litigation system, and to establish the plaintiff qualification system is the core and foundation of the system, thus China should establish the system of administrative public welfare action plaintiff qualification.Secondly, this paper explores the administrative litigation plaintiff qualification of theoretical basis, mainly including four theory that the development of the theory of litigation, the theory of public interests, the theory of the private prosecutor theory and trust. Based on the theoretical basis of this theory and the judicial practice, combined with the application of the reality of our country and put forward the theory of the plaintiff qualification for reference for the establishment of the proposal, and administrative litigation plaintiff qualification system theoretical basis.Again, this paper finally puts forward the plaintiff qualification of administrative public welfare action, in our country should give natural, social groups, and given the qualification of the special properties ofthe prauratorial organ shall not give the plaintiff qualification.