The Research On The Plaintiff Qualification System Of Chinese Administrative Litigation Of Public Interests

Our country is in a critical period of social transformation, the interests of the pattern of relationships and interests change sparked intense conflict and contradiction, all kinds of real life there are a lot of public interests are violated, but cannot get the judicial relief. Therefore, whether from the perspective of legal theory and practice analysis, the implementation of the administrative litigation of public interests system in our country has a strong practical and targeted. In this paper affirmed our country should establish the administrative litigation of public interests, against the background of the core issues, namely the plaintiff qualification problem were studied.The article is divided into four parts. The first part introduces two administrative public interest litigation cases. The two cases are similar, but be made different decisions. The phenomenon shows the importance and necessity to establish the administrative litigation of public interests system, perfecting the plaintiff qualification system in our country. The second part is the related theory problems of administrative litigation of public interests case. This part mainly expounds the meaning of the plaintiff qualification of administrative litigation of public interests, the confirmation and the present situation about administrative litigation of public interests in our country. Among them, the confirmation of plaintiff qualification analyze from the legitimate rights and interests and legal interests. Analysis of present situation in our country summarizes from two aspects, including current law regulation and theory point of view. The third part is the analysis of administrative litigation of public interests in other country. This part embarks the plaintiff qualification of administrative litigation of public interests in the main country about civil law system and common law system. Then, summing up some enlightenment on the plaintiff qualification system in our country. The fourth part is some thinking caused by the cases. This part put some advance about the building of plaintiff qualification system in our country. Including the confirmation standard and the construction, improving the security system of plaintiff qualification of administrative litigation of public interests. The confirmation standard solves the problem that what circumstance that the parties are entitled to the subject of administrative litigation of public interests. The construction solves the problem that who can bring administrative litigation of public interests. The security system, mainly from the aspects such as the burden of proof and litigation costs to bring administrative suit right of the plaintiff in administrative litigation of public interests to guarantee, encourage the public to join the public welfare lawsuit.