The Study To The Plaintiff's Qualification Of Administrative Public Interest Litigation In China

In recent years, along with the accelerating process of social development, the phenomenon of damaging to public interests occurs in real life constantly, public interest litigation has begun to attract the general public and law researcher's attention, In particular, the administrative public interest litigation has become a hot topic in the theory and judicial practice. China's current Administrative Procedure Law may bring an administrative lawsuit only for those individual rights against unlawful administrative act, while there were no specific provisions of the law for the public interest against unlawful administrative acts. This leads to a large number of administrative actions against the public interest lack of legal sanctions. They are defects in the Executive and Legislative. It will promote the establishment of Public Interest Litigation, and improve the system of administrative law to strengthen the administrative public interest litigation research, especially the issue of the plaintiff's qualification.From existing theory and judicial practice, we can see that the plaintiff's qualification is the key point of initiating an administrative public interest proceeding. Most administrative public interest litigation cases were easily closed because the plaintiffs have no qualifications; the current system of administrative public interest litigation has not been established, the study of administrative public interest litigation has just begun. Some significant differences still existed in theory and judicial practice. This essay mainly studied the plaintiff's qualification of the administrative proceedings, and analyzed the theory bases and described the system designing details separately.The content of this article is divided into four chapters, each part of the main points are as follows:The main content of the first chapter is an overview of Chief Public Interest Litigation. First, the author discusses the meaning of public interest derived from the meaning and characteristics of public interest litigation; second, the author defined administrative public interests and plaintiff's qualification.The main content of Chapter II is foreign country's investigation of Administrative Public Interest Litigation. The author introduces to the common law, and takes United States, the United Kingdom for example; meanwhile, the author also introduces continental law, and takes France, Germany, Japan, and Taiwan of China for example. Last, the author summarizes the two legal systems similarities and differences.The third chapter introduces the Administrative Public Interest Litigation theoretical research. The author summarizes the current research of our country's plaintiff's qualification, and put forward some of their own point of view.The main content of Chapter IV is the design of our country's administrative public interest for plaintiff's qualification. The author proposes his own view after the previous description: it is feasible and necessary for judicial administrative authorities to file an administrative public welfare action.