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. If laws permit a non-legal relationship person, for the sake of public interests, to prosecute to the court for the right sand interests which are none of his or her concern, the administrative prosecution of public interests is thus formed. In order to prevent administrative organs from endangering public interests, enhance the judicial protection of public interests, the countries and regions where the administrative law system is relatively mature have built up the administrative prosecution of public interest. China has not yet specialized the protection procedures of public interests, with the laws and regulations in this respect being still imperfect. A perfect system of administrative prosecution 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. 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. 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 practical significance when it comes to managing state affairs in accordance with laws.During the past few years, with the development of administrative law, and public interests case often happened in actual life, the administrative prosecution of public interests has become one of hot spots in the academic circle and the judicial circle. But analyze according to now available legal rules and case, plaintiff 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 plaintiff. Accordingly, the "bottle neck" of plaintiff 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 plaintiff 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 plaintiff qualification and form an administrative prosecution of public interests 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 plaintiff qualification, 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 have great value to facilitating law-based administration, amplifying socialist laws, building China into a law-ruled country, structuring harmonious society. The author divides the article into four major parts. In the first part, the author summarizes the plaintiff quality in administrative prosecution of public interests, discusses the popular meanings of administrative prosecution of public interests and the fundamental theory of plaintiff quality, analyzes the value of studying on plaintiff quality in administrative prosecution of public interests .In the second part ,the author comments a few country's regulation on plaintiff quality in administrative prosecution of public interests, analyzes their common characteristic and the enlightenment to our country. In the third part ,the author discusses the evolution of plaintiff qualification in our country's administrative prosecution law , points out the current situation and deficiency of our country's plaintiff quality in administrative prosecution of public interests .In the fourth part, the author proposes the standard on setting plaintiff quality in administrative prosecution of public interest, brings forward some idea perfecting and developing our country's plaintiff quality theory in administrative prosecution of public interests.