On The Main Body Qualification Of Administrative Litigation For Public Interest

Since the traditional procedural law applies the theory of justification of parties and the method of only direct formidable sponsor could have the plaintiff s qualification, serious of conflicts aroused after20th century by the ever-appearing disputes which different from the former ones like dispute of customers, dispute of environment, dispute of social welfare, to name but a few. However, in modern lawsuits, the difference of interest of action between modern and traditional one poses a tremendous strike. That is to say, modern disputes ask the right relief timely and properly without inexistence of right relief. As a result, it is necessary to expend the scope of parties. In other words, it is not only the interested party’s right to be accessed by courts, but also under certain circumstances, any organization and individual should have the equal right to sue the unlawful acts which violate national interests and public interests.Public interest litigation relatively matures in western counties. In our nation, however, citizens are lacking of enthusiasm of maintaining public welfare, at the same time, there is no regulation about citizen’s rights about public interest litigation in the constitution, and the current law has no provision about who is qualified to institute legal proceedings in terms of safeguarding public interests. At the present stage, how to ensure and build main body system in commonweal administration suit is an important question in administrative law and litigation law and judicial practice. However, the administrative law, the litigation law and judicial practice have the dispute about the starting main body qualification in the commonweal administration suit. The paper will present my view of point about how to ensure the starting main body qualification with analysis and research; at the same time, I hope I can concentrate a little to the research of public welfare litigation.First of all, the first part of the article analysis the concept of the administrative public interest litigation including its characters and the theory. Then, based on the status quo of China, analyze the developing process of this litigation and the problem during the legislation. After that, the second part will, by comparison, present the provision of starting main body qualification in commonweal administration suit in the U.S, France and Japan in order to learn some experience. Lastly, the paper will find out the problem in the suit system, offer some advices based on the national condition of our country, and find proper means to ensure and build starting main body system in commonweal administration suit.