A Study On The Qualification Of Plaintiffs In Administrative Public Interest Litigation In Procuratorial Organs

The newly revised "Civil Procedure Law" in August 31,2012 established the legal provisions of the organ, can be filed a Civil Public Interest Litigation, in article 55, but did not make a clear definition of the relevant authorities; At the same time, the Administrative Litigation Law, which was implemented in May 1,2015, did not make any provision for the public interest litigation system, also did not make clear about the legal status of the procuratorial organ in the Public Interest Litigation. And at July 1,2015, the 15th National People’s Congress passed a file which authorize the Procuratorate to carry out the pilot reform of public interest litigation in some areas, followed by July 2, the Supreme People’s Procuratorate issued another file also about this, this caused the voice about if it is right to give the procuratorial organs plaintiff qualifications.So what exactly is the plaintiff qualification of administrative public interest litigation? If it is possible? what problem will come if authorize it? How to solve these problems? With these questions, this paper is divided into four parts.Firstly, this paper is to start with a brief overview of the plaintiff qualification of administrative public interest litigation, respectively discusses the connotation and characteristics about public interest litigation, administrative public interest litigation and the plaintiff qualification of administrative public interest litigation, and at the same time give the review of some debate, at last but not least, put forward the main point of this paper.In the second part of this paper, the author use 2012 civil procedure law modification, the implementation of the Civil Procedure Law on 1st January 2013, and the pilot issued in 2015 July three events as nodes. listed a series of successful cases which endowed the feasibility.Following in the third part of this paper, the author mainly analyze from the existing legislation, the theoretical level, and the judicial practice, proved that it is proved that it is feasible to give the plaintiff qualification of administrative public interest litigation.In the end, also is the fourth part of this paper, firstly the author puts forward the problems in legislation confers, in judicial practice, as well as new implementation of the pilot, in the presence, about authorizing the administrative public interest litigation plaintiff qualification, And then proposed some suggestions according to above issues.