On The Plaintiff Qualification Of Administrative Litigation For Public Interest

At present, China does not establish the system of administrative litigation for public interest, not to mention the plaintiff qualification of administrative litigation for public interest, so the author believes it is necessary to research the plaintiff qualification of administrative litigation for public interest extensively, which resolves the problem that lack of administrative litigation for public interest, and protects the state and the community's public interests, this paper includes the following several parts:First, this paper discusses the public interest litigation defined. It mainly reflected the content and characteristics of the plaintiff qualification. There is the controversial issue to establish the standards of the plaintiff qualification of administrative litigation for public interest in jurisprudence because the scholars did not reach the same understanding on plaintiff qualified and the basic connotation of the concept, but there are two major mainstream view:Understanding of the objective said and the actual infringement said. However, the author generalizates a more comprehensive meaning。The author defines it from Subjective and objective aspects and distinguishes strictly it. From the subjective side, the prosecutor sue in order to safeguard the public interest; From the objective side, if the prosecutor wants to own the plaintiff qualification in the administrative litigation for public interest, it is necessary to meet the rigid rule that the administrative litigation for public interest's case range and the administrative litigation's case range is same. In addition, if we want to define the content of the plaintiff qualification of administrative litigation for public interest, we must also be precise distinction the plaintiff qualification and conditions for prosecution, the admissibility conditions, the concepts of the claim. In features of the plaintiff qualification of administrative litigation for public interest, the author introduces three characteristics, such as the plaintiff qualification being different from the plaintiff position, the plaintiff qualification's diversity and the plaintiff qualification's restrictive.Second, After understanding content and features of the plaintiff qualification of administrative litigation for public interest, we will proof the feasibility and necessity of the plaintiff qualification of administrative litigation of public interest. The feasibility includes:First, the plaintiff qualification of administrative litigation for public interest has constitutional and legal basis. China's "Constitution" and "Interpretation of the Administrative Procedure Law" provides specific systems, so the system of the plaintiff qualification of administrative litigation for public interest in our country is feasible. Secondly, there are many cases of the litigation for public interest in our judicial practice, which provide a wealth of practical experience. Finally, with the development of the legal awareness of citizens, social concept of democracy and concept of the rule of law, the plaintiff qualification of administrative litigation for public interest has the social infrastructure. The author thinks that the necessity of the plaintiff qualification of administrative litigation for public interest includes:First, it can make up for the traditional theory of the plaintiff qualification; Secondly, it is very important for perfecting the system of administrative law; Finally, it is of great significance.Third, this paper elaborates on the contradistinction of the plaintiff qualification of administrative litigation for public interest in some extra-regional countries and our country. It includes three parts:the plaintiff qualification of administrative litigation for public interest in some extra-regional countries, the plaintiff qualification of administrative litigation of public interest in our country and contradistinctive conclusions. In the extraterritorial status's the plaintiff qualification of administrative litigation for public interest, the author introduces several important national and regional requirements of the plaintiff qualification of public interest litigation. In the UK, the Attorney-General is the plaintiff that may bring the suit of public interest litigation; The United States formally established "The Private Attorney-General", which derives from relator action, taxpayers suit and mandamus's claims. The suit of overstep law's authority in French is a unique feature and important innovation in administrative law. German sets up the representative of public interest litigation for public interests. Our country's Taiwan and Japan all provide actiones populares. There is not the system of administrative litigation for public interest and the plaintiff qualification in China. So the author can only start with the plaintiff qualification of administrative proceedings, it is divided into two phrases:The first stage of "direct interest" and the second stage of "relevant interest". We can find out two items contents through the contradistinction of the plaintiff qualification of administrative litigation for public interest in some extra-regional countries and our country. First, there are many difficulties to set up the system of administrative litigation for public interest and the plaintiff qualification, such as the problems of our country without the system of administrative litigation for public interest, the problems of the awareness of social, and citizens, legal persons or other organizations about administrative public interest litigation; Second, We can also learn from foreign countries and draw on their experience about the plaintiff qualification of public interest litigation, which lays the foundation for our country's the plaintiff qualification of administrative litigation for public interest.Fourth, the author thinks that of all parts the most important is that our country should set up the system of the plaintiff qualification of administrative litigation for public interest. Although the issue of the plaintiff qualification of administrative litigation for public interest is highly controversial in the Chinese law circle, It was generally believed that the proper subjects should include citizens, social organizations, procuratorates, public interest lawyers, taxpayers and so on. The author believes that we should draw on humbly foreign successful experiences when we identify the plaintiff qualification of administrative litigation for public interest,but mechanical application of foreign experience and copying of foreign models will get us nowhere. According to our country concrete national condition, the author thinks that the proper subjects should include procuratorates, citizens and social bodies engaged in public welfare. Of course the proper subjects are limited to certain conditions. In order to improve the system of the plaintiff qualification of administrative litigation for public interest in our country, the author is restisting about relevant issues on the plaintiff qualification of administrative litigation for public interest in our country which should be a place worthy of remark. First of all, procuratorates are regarded as the plaintiff first in order on relationships that the proper subjects bring the suit of the plaintiff qualification of administrative litigation for public interest; Secondly, the pre-programpre should be set up when the proper subjects bring the suit. Before the proper subjects bring the suit to China's legislative they must complain and report to the appropriate administrative department and the appropriate administrative department does not deal with the complaints and reports in legally required time. Finally, the proper subjects'costs and return are also a place worthy of remark in practice.In short, the paper unfolds the plaintiff qualification of administrative litigation for public interest in a certain logical sequence and the paper's dissertation is very appropriate from the point to the surface in place. The author's paper provids material for the theoretical study and is very helpful to being establishing the system of the plaintiff qualification of administrative litigation for public interest.