Research The Plaintiff Qualification Of Administrative Lawsuit Of Public Interest

The administrative lawsuit plaintiff qualification of public interest denote citizen, legal person or other organizations mainly to mention the administrative lawsuit of public interest the legal condition that place should have. When showing stage , how to confirm that the plaintiff qualification of the administrative lawsuit of public interest is the law of administrative procedure of our country to study an important problem of theoretical and judicial practice. Some western major countries and Japanese, the region of our country Taiwan etc. have established the administrative lawsuit system of public interest, have given ordinary taxpayer administrative public interest the plaintiff qualification of lawsuit in judicial practice , and have gotten good social effect. However in our country, citizen lack maintenance in constitution and the initiative of public interest have not told the stipulation of right about citizen administrative public interest, the current rear related explanation legal document of " law of administrative procedure ", do not be also qualified for whom with maintenance public benefit is purpose mention administrative proceedings to People's Court to make stipulation, the blank on legislation has caused the adjudication blind area of last administration of justice. The reason of causing this kind of present situation is various. Consciousness goes up , the administrative public interest of citizen tells right consciousness is light; On legislation, constitution and law of administrative procedure lack citizen administrative public interest to tell the related stipulation of right; On administration of justice, stickle to traditional plaintiff qualification standard; Theoretically, current " legal last interests person " plaintiff qualification theory has restricted the administrative lawsuit plaintiff qualification of public interest in the establishment of our country. Therefore our country should establish the administrative lawsuit system of public interest as soon as possible, establishes the administrative lawsuit plaintiff qualification of public welfare of citizen and protects the public benefit of society really. Firstly, it will raise the administrative public welfare of citizen constantly from consciousness to tell right; Secondly, on legislation, it will remedy legislative blank and tell the administrative public welfare of citizen right writes in constitution and law of administrative procedure; Thirdly, it innovation traditional plaintiff qualification concept enlarge to explain the principle " the interests on law"; Fourthly, it establishes attorney-general organ and citizen, personal claim plaintiff qualification with the administrative public interest of public organization. Fifthly, it refers to foreign mature experience , quickly establishes the pace of our country of the administrative lawsuit plaintiff qualification of public interest.