Administrative Proceedings The Plaintiff Qualified Research

In dealing with national and social affairs, the actions of an administrative organ may jeopardize the public interests of the nation or society to which it belongs. When such jeopardy occurs or is expected to occur, and if laws permit a non-legal relationship person, for the sake of public interests, to prosecute to the court for the rights and interests which are none of his or her concern, administrative prosecution of public interests is thus formed. The development of administrative prosecution system aims to strengthen democracy as well as legitimacy, and helps to raise people' s awareness of preserving public rights and interests. A perfect system like this should include the protection of public interests, in addition to the embodiment of rights and interests of persons directly concerned about administrative actions and persons with legal relationship. Administrative prosecution of public interests is an indispensable part of the modern law system and, needless to say, complete inclusion of the administrative actions within the range of judicial supervision is of historic significance when it comes to managing state affairs in accordance with laws.As compared with the countries and regions where the administrative law system is relatively mature and the administrative prosecution has been generally systematized to enhance the judicial protection of public interests, China has not yet specialized the protection procedures of public interests, with the laws and regulations in this respect being still imperfect. However, fortunately, theacademic circles have initiated the theoretical researches into the administrative prosecution of public interests and an appeal has been made in China' s judicial practice for the prompt establishment of such a law system. The author holds that China should legalize administrative prosecution of public interests in an attempt to prevent administrative organs from endangering public interests, and to completely realize the goals of the administrative prosecution law. By so doing, the law can supervise administrative organs forcefully and productively.Suitor qualification is one of the main obstacles before the administrative prosecution of public interests. Many cases have ended by rejecting the appeal for the reason that the prosecutor is not qualified as a suitor. Accordingly, the " bottle neck" of suitor qualification should first of all be broken through for the purpose of developing and conducting administrative prosecution of public interests. The modern legitimate tendency is towards relaxing the requirements of suitor qualification. A growing number of nations, considering the preservation of public interests, entitle their citizens to administrative prosecution, which fully demonstrates the contemporary spirit of the administrative law: controlling the nation, protecting the people' s interests and promoting public interests. Following the world trend, China should soften the terms of suitor qualification and form an administrative prosecution system which conforms to the national conditions and legally guarantees the public interests.The author believes that studies on the administrative prosecution of public interests, particularly on suitorqualification, are vitally important not merely to the development of such a system, but to the perfection of the administrative law as a whole. What' s more, the studies are also of great value to facilitating law-based administration, amplifying socialist laws, and even building China into a law-ruled country. This paper is designed, after reviewing and using the basic theories about suitor qualification of administrative prosecution both at home and abroad, to analyze the problems found in China' s administrative prosecution and preliminarily conceive suitor qualification in China. 'The author proposes that the plaintiff should contain: (1) the procurator, who serves as the prosecutor and institutes the proceedings; and (2) the ordinary citizens, persons in law, and other collectivities when the procurator takes no action. M...