On The Scope Of Accepting Cases In Administrative Public Interest Litigation And The Plaintiff's Qualification

With government strengthening its public functions, the administrative power, especially the administrative discretion has been rapidly extending in recent years and administration is playing an increasingly important role in the public property protection, environment protection, social security, public construction project, coordinating various conflicts of interests, and promoting fair competition in the society. However, when the administrative body exercises its power and duty, there emerge a series of problems, such as administrative arbitrary, omission and improper commission, which severely damage the public interests. Therefore, it is urgent to establish the system of administrative public litigation.Firstly, this thesis begins with the background of administrative public litigation's formation, focuses on analyzing and comparing the representative public litigation systems in Western countries ruled by law, including private attorney general system in U.S.A., prosecution system in U.K., action for ultra vires in France, public deputy system in Germany, and popular action system in Japan. Furthermore, it analyses some features and basic elements of public interests, compares public litigation with private litigation, and gives a detailed explanation about administrative public litigation.Secondly, the thesis expounds the practical significance to establish the administrative public litigation system on the basis of analyzing the practical civilization, sustainable development and promotion of social harmony. Then it goes further with the analysis of protecting national interests and social public interests, restricting administrative power, changing government's functions, improving the judicial system in China, and accelerating integration with international legal development.Thirdly, beginning with the relevant laws and regulations on administrative litigation in China, it analyzes the limitation in the traditional system in which administrative litigation can only be instituted for concrete administrative acts and the protection of public interests from damage cannot be achieved. To follow, it discusses the significance of bringing abstract administrative acts into the scope of acceptance in administrative public proceedings. Based on the above, it furthers to analyze the existed legal basis and practical necessity to bring parts of abstract administrative acts into the scope of acceptance in China.Finally, it argues that it is positive to entitle citizens, social organizations and procuratorial organizations to the qualification of plaintiff in view of the value orientation, legal practice, and social influence of administrative litigation law in China, and the development state of administrative law in China and foreign countries.In brief, considering the status quo of the social development, the development level of the rule by law, the citizen's awareness of law, and the development trend of foreign administrative public litigation system, it furthers to expound that to establish the administrative public litigation system will be beneficial not only to the protection of public interests of the country and society, but also to the further improvement of China's administrative litigation system, and thus meets the development trend of international law system of litigation.