On The Qualification Of Plaintiffs Of Administrative Public Interest Litigation In China

Administrative Public Interest Litigation have been a hot topic both in Administrative academic circles and judicial practice in recent years. Administrative public interest litigation is the judicial process that from individuals and organizations representing the state, through the litigation to safeguard the social public interests. The qualification of plaintiffs of administrative public interest litigation in China is the discussion of the suitability of plaintiff. Compared to the developed capitalist countries in the west, the administrative public interest litigation in China started relatively late. The academic circles and judicial practice have very big argument. There's no determined expression of the definition of administrative public interest litigation. Some scholars think that China should not use administrative public interest litigation system. But i think, in the present stage, we can choose the suitable plaintiffs of the administrative public interest litigation. The advantage is bigger than the shortcoming. This method conforms to the various countries development common tendency, is also more advantageous in maintaining our country's social public interest.As the increasing expanding administrative power, the administrative actions or omissions that administrative organization violation society public interests'take repeatedly occurs, only rely on its internal regulations and surveillance has been difficult to achieve the desired results. Modern government development request state must be the same as the public interests and private interests of the judicial process as a relief objects. This is also the effective restriction of public power by private rights of citizens of the state.Now our country has lots of cases which is the obvious administrative public interest nature frequency to happen. Because of administrative public interest litigation is not established by our country's constitution and law. The same cases in different regions have different judicial process results. The judiciary is not only confused, but also a large number of actions detrimental to the public interest to continue. To sum up, the study on qualification of plaintiffs of administrative public interest litigation is the most important part .The academic circles and judicial practice should focus on this hot topic. Because of the problems which appears in judicial practice, the article try to explain the definition of the administrative public interest litigation and its plaintiff system, which through Semantic analysis and comparative analysis of research methods, for later in the judicial practice of innovation foundation in theory. At the same time through refers to beneficial experience of the main foreign developed countries, we can find common rule and characteristic of development. By contrast to the actual situation in China, we try to construct our country's administrative public interest litigation plaintiffs qualification system.The structure and content of article are:The first part is the legal principle theory research on the establishment of the qualification of plaintiffs of administrative public interest litigation in our country, which is the basic theory of the specific ideas in the later words. Firstly, researching the qualification of plaintiffs of administrative public interest litigation, we must clarify what is the administrative public interest litigation. As a result of our country academic circles regarding administrative public interest litigation not determined definition, the article has enumerated the main scholars' viewpoint. Although expression differently, but we can give the definition through the contrastive analysis, then find out the basic characteristic. Secondly, the article will discuss establishment of legal principle theory of law foundation, the content including define of the public interest, relationship between right and power, theory of lawsuit interest, theory of litigant. Through the analysis, we can establish the basic law principle theory. This part is entire paper foundation. To avoiding the fuzzy concept, we must clarify the meaning of key words for later writing.The second part is the analysis through comparison angle. The analysis method is historical analysis and comparative analysis. Firstly, the article will introduce the history of administrative public interest litigation in our country. The administrative public interest litigation was first established in the period of ancient Rome. We can learn lots of good experience what ancient Rome had. It also influences other countries especially United Kingdom, the United States and France. The administrative public interest litigation develops lately in our country, and as a result of the historical reason, its development is not smooth. The significant transition appeared in 2000, our country administrative procedure law promulgated. This article will follow its developing process to make the reorganization. Secondly, it will discuss qualification plaintiffs of administrative public interest litigation in western main developed countries, for example, United Kingdom, the United States and France, which through analysis method. The administrative public interest litigation in United Kingdom and the United States are relatively well. In United States, besides the case law, it constitutes legislation. Various countries are quite cautious about this system. To avoiding appear overflows to sue these countries have established the corresponding procedure. Through the analysis of countries, we can find the common rule and characteristic of this system. We hope that it will be benefit to our country qualification of plaintiffs of administrative public interest litigation development. Learning the advanced experience of foreign countries is very useful from the paper's overall look. The common rule will combine with our country's situation in the next part.The third part is in the first two part of theoretical analysis foundation. The article will give the advice what improve china's qualification of plaintiffs of administrative public interest litigation, which is emphatically from our country's present situation. Firstly, we must identify the disadvantage of this system in china. Actually, there are lots of problems both in academic circles and judicial practice. Looking from the legal concepts and institutional point of view, our society is generally a lack of awareness of public interest. Looking from the legislation, the law what about the qualification of plaintiffs of administrative public interest litigation is not existent in our country's legal system. Looking from the judicial practice, lots of cases were rejected by court, result in the administrative actions what is detrimental to the public interest is always existent. Through the above several aspects, we can find out our country's problems by the multiple perspectives analysis. Secondly, aiming at the system problems what summarizes in view of the preceding article, the article will give effective advices. The plaintiffs of administrative public interest litigation include procuratorial organs, individual citizens, public welfare organizations and other social groups. Then the article will give rationalization proposals for different plaintiffs in the exercise of the lawsuit procedure, result in avoiding appear overflows to sue. Finally, put forward the consummation related system of safeguards' proposal, establish the reasonable litigation expense system and the incentive system. These advices will help administrative public interest litigation orderly develop. The third part is the focus of the paper. After discussion of flaws in the theory and practice, we can choose the suitable plaintiffs of the administrative public interest litigation. Through this way we can solve the public interest litigation difficult problem which our country appears now and maintain our country's public interest.In summary, this paper writing vein will follow the thinking mode what is the theory research, comparative analysis, use for reference specifically. Through semantic analysis and comparative analysis of research methods, we can combine the benefit experience with our country's situation. I hope that the paper will provide useful suggestion for the research of administrative public interest litigation in our country.