The Study About The Qualificationgs Of Plaintiff Of The Administration Procedural System Of Protecting Public Interest

The problem of the administration procedural system of protecting public interest has turned into a discussional hotspot in administration–law-boundary,with the research of comparative-administrative-law going deep the administrative-law-system being perfected, and especially, in practice, some appearance of typical administrative law cases which possess of the character of public interest lawsuit. Scholars research it from different points of view, including whether the administration procedural system of protecting public interest needs to founded;the problem of the qualifications of plaintiff, what public interests;the theory elements of the administration procedural system of protecting public interest ; the feasibility of the administration procedural system of protecting public interest;and the implement approach of the administration procedural system of protecting public interests foundation;how to prevent excessive lawsuit;how to distribute onus probandi ; and so on. Among these problems, the qualifications of plaintiff is of very importance. The plaintiff brings the lawsuit, so the lawsuit-system in which the qualifications of plaintiff′s provision is faultiness is oppugned or unsuccessful. All researchers on the qualifications of plaintiff in administration-law -boundary have been just discussing in theory and fumbling in practice, because the administration procedural system of protecting public interest has not been founded in our country, but many breakthroughs and succeeds have been made. For instance, scholars have recognized that the theory elements of the administration procedural system of protecting public interest about the qualifications of plaintiff should develop from"law-interest-theory"to"public-interest- theory";the people′s procurator rate, social organizations and citizens can become plaintiff and there are adequate discussions why they can be plaintiff; how to radicate criterion about plaintiff; and the problem of their lawsuit rank, in other word, who is first, who is second, who is third, and so on.But these discussions more considered that plaintiff are only confined the people′s procurator rate and social organizations and citizens, and the problem of their lawsuit rank and their relation are not definiteThe paper has two innovations. One is that the paper considers plaintiff′s criterion needs to add such a criterion that climes confine and scope of accepting cases confine. The second is that the paper deem that the administrative-office of specific′condition also should be plaintiff. In the problem of lawsuit rank, the paper agrees with vulgate viewpoint, and thinks that specific scopes′s social party and social organizing ,for example consumer-association, and lawyer are also on the first lawsuit rank. Non-specific scopes′s social party and social organizing and citizen and juridical person on the second lawsuit rank. The administrative-office of specific′s condition is on the third lawsuit rank.