The Study Of The Plaintiff Qualification Of Administrative Public Interest Litigation In China

The qualification of the plaintiff is one of the basic concerns in administrative public litigation. It aims at identifying the appropriate accuser in the litigation. In recent years,administrative actions destroying the public interest appear frequently. Accordingly, more and more people strive to sue to the court to protect the public interest. But from the former cases it is the plaintiff qualification that decides whether the administrative action can be lawsued.Many of the previous cases ended up without the proper accuser,with the public interest can not be supported..Therefore ,the study of the plaintiff qualification has foundmental meaning in both theory and reality.The thesis is designed in order to make contribution to the establishment of the plaintiff qualification in administrative public interest litigation in China.In the thesis,research metheds such as semantic analysis,comparative analysis are occupied.The thesis begins with the basic concerns of the plaintiff qualification in administrative litigation.Then the thesis elaborates the plaintiff qualification of the public interest litigation home and abroad.Finally,the thesis puts forward that at present procuratorial organs,social organizations and citizens shoud be endowed with the plaintiff qualification in China.The thesis is composed of four sections.In the initial section,the basic concerns in the establishment of the plaintiff qualification in administrative public interest litigation. are discussed.That refers to the necessary proper nouns in establishing the plaintiff qualification in the public interest administrative litigation..Firstly,the definition of"Public Interest","Administrative Public Interest Litigation","The Plaintiff Qualification in Public Interest"is discussed from the point of the semantic analysis.view,Different views from different scholars are listed and summerized with the common features reflected from their various definition.After that,the legal theory basis is discussed for identifying the qualification of the plaintiff in administrative public interest litigation..These theories focus on the theory of popular sovereignty,the theory of the interest extension in litigation,the trust and delegation theory and the power restriction theory. In the following section, the comparison is provided through the analysis of the typical overseas administration public interest lawsuit plaintiff qualification condition.The comparison aims at providing reference for the establishment of the plaintiff qualification in the administrative public interest lawsuit in our country. This part first carries on the description of the plaintiff qualification condition in the public interest litigation in the countries whose administrative public interest lawsuit systems have been considered as typical and mature. After the interdiction to the condition of the administrative public interest litigation plaintiff qualification of the above countries,the thesis makes a summary of the common characteristic in the establishment of the administrative public interest lawsuit plaintiff qualification in these countries that has set up the comparatively mature administrative public interest lawsuit system.The common characteristic of the administrative public interest lawsuit plaintiff qualification demonstrates mainly in the aspects followed.The plaintiff qualification in the administrative public interest litigation extends widely, including official organs,social organizations,citizens and so on. Except for the breadth of the plaintiffs, there are also certain restrictions to the ones endowed with the qualification,they can not abuse their qualification.The positive function of the court is also emphasized.The court play a important role in promoting the development of the administrative plaintiff qualification through the judical practice with typical cases.In the third section,the thesis focus on the reality of the administrative plaintiff qualification condition in our country .First, at present the public interest has been violated seriously by a lot of administrative actions in our country.The public interest calls for urgent protection.But nowadays there is the lack of the plaintiff qualification in protecting the public interest in the administrative litigation in our country .At present,the Administrative procedure law endows people with the plaintiff qualification only when their personal interest has been directly affected by the administrative actions. That is, under the "legal interest " standard in the administrative litigation,it is obvious that there is no protection to the public interest, and thus in the protection of public interests appears blank. Second, The thesis probes into the reality that the public interest that has been violated seriously needs effective protection..At the same time,the existing monitoring mechanism to the administrative actions is ineffective,either.So when the public interest is destroyed,it is impossible to be completely protected through the present system.. In the fourth section,the thesis focus on the establishment of the plaintiff qualification in the administrative public interest litigation,and puts forward that in nowadays who can be endowed with the plaintiff qualification the administrative public interest litigation. To begin with,the thesis discusses the main principles in the establishment of the plaintiff qualification in administrative litigation based on the special characteristics of the administrative public interest litigation.In the following paragraphs,the thesis comes up with the appropriate accusers in the administrative public interest litigation should be the procuratorial organs,social organizations and citizens.After that,the thesis probes into the reasons of the above being the roper prosecutors in administrative public interest litigation.The reasons are elaborated from different aspects,includng the jurisprudence basis of being the proper plaintiff in the administrative public interest litigation,the advantages of the above ones being the administrative public litigation plaintiffs,the successful practice of the counterparts in other countries and the administrative public interest litigation reality in China.Finally,the thesis analyses the issues that should be given enough consideration in the establishment of the plaintiff qualification in the administrative public litigation.