In The Public Interest Litigation Plaintiff Qualification

The executive power refers to the right of state administrative organs or other legally authorized public organizations, which are intended to safeguard the social and public interests, in accordance with statutory authority to implement the will of the state, and managing the social and public affairs. But in modern times, with the expansion of executive power, there are a growing number of contradictions and conflicts between the executive power and public interest, hence lead to frequent violation of the public interest. With the accelerated step of constructing a country under the rule of law, more and more people recognize the importance of protecting the public interest and limiting expansion of executive power. Administrative litigation of public interest is very urgent needed. However, under the influence of current provisions of laws and regulations, and the theory of plaintiff qualification, Administrative Procedure Law makes a strict restriction for plaintiff qualification of public interest actions. It can be seen from many cases, they basically are dismissed by the reason that the plaintiff is not qualified and eligible, resulting in a serious lack of constraints on public power and public interest violation. So who is the most qualified and appropriate to lodge a complaint? Theoretical circles has made many useful discussions, on the basis of foreign experience, combined with China’s specific national conditions to conduct an in-depth study of the basic theory of the administrative public interest litigation. However, on the formation of administrative public interest litigation system, Chinese scholars still hold different opinions, particularly on the main body of litigation.In this paper, the author combines with the current practice, taking actual cases as an entry point, after a brief case analysis, proposes core issues of this paper:plaintiff qualification in administrative proceedings. Through introducing the basic concepts and theory and learning from the mature Western legal system and useful discussions of domestic academic circle, it put forward with specific solutions for determining the plaintiff qualifications of administrative proceedings. Plaintiff qualification should be defined as procuratorial organs, administrative organs, social welfare groups and individual citizens. The first part of this paper describes several typical administrative public interest litigation cases occurred over the past decade in our country, through case analysis leading to the focused problem. In second part, it elaborates the basic concept of administrative public interest litigation, hence to define the scope of the discussion. In third part of the paper, it analyzes and demonstrates the basic theory of plaintiff qualification in administrative public interest litigation, so as to provide theoretical support. In the last part of the paper, it firstly discusses the necessity and feasibility of establishing such proceeding type of plaintiff qualifications and makes a preliminary description. Then, it elaborates on plaintiff qualifications of procuratorial organs, administrative organs, social welfare groups and individual citizens.In short, by the logic of raising questions, analysis and solutions to the questions, this paper makes feasibility analysis for plaintiff qualification in administrative public interest litigation and proposes specific solutions for each plaintiff and litigation.