On The Establishment Of China's Administrative Proceedings The Plaintiff Qualified

Most lawsuits of forerunners are lost only because of lacking of the legal systemon protecting public interest. As a result, it is not to protect the public interest, andalso these local governments and its administrator' behavior can not be controlled. Inforeign countries, they have very advanced system of it, but in our country, eventhough so many scholars are working on it, these workers have not done goodenough. In the time of restoring Administrative Procedure Law, we must add somenew elements into the qualification of public interest litigation.Firstly, the essay starts from the fact of administrative litigation for publicinterest in our country. It is very difficult to accept a case nor to say to get a success,and the cost of the litigation is also too much. The reason that causes the situation notonly remains in theory but also in legislation. We have not known some conceptionsclearly, such as public interest, public interest litigation, administrative litigation forpublic interest, the qualification of plaintiff and so on. The obstacles in our theoryblock the development of legislation in the area. There are short of protecting rulesabout public interest in the Constitution, substantive law, procedure law. The essayanalyzes the characters of public interest litigation. As it's one of the ways ofprotecting public interest, who can stand for the public interest is not decided. Thequalification of plaintiff is the score of the system. Now it needs to be studied moredeeply. So we must learn form matured foreign experiences to build up qualificationof plaintiff that suits for our own characteristics in the field.Secondly, the author introduces us three different theories of plaintiff'subjeetabout litigation on public interest—the theory of affected interests, public trust theory,privateattoney-generanal-theory. After comparing of different systems in the field ofsome foreign countries, the author gives us some creative suggestions based on thereality of our country.Thirdly, a natural person, a legal person, a social organization andproqcuratofialorgan can all be as plaintiffs, and at the same time the author puts outthat lawyers can also be an important part according to their knowledge superiority and the lawsuit skill. So it is necessary to add new contents of lawsuitplaintiff 'subject in the coming amending of administrative litigation for publicinterest. The fact of person: including of amplifying boundary of plaintiff, cancelingthe time limitation on the cases of litigation for public interest. The fact of things:such as extending the scope of the acceptable condition, the case can only be acceptedin the Middle Court, increasing of types of charge, the claim can not be withdrawedfor the sake of preventing real public interest.Totally speaking, from the formal three parts, the essay gives us the reasons whywe should set up our own qualification of public interest litigation. Its work is thebasis of building up of our own public interest litigation systems.