A Study On The Plaintiffs’ Qualification Of Administrative Public Welfare Litigation

Recent years, the appearing cases of the Administrative Public Welfare Litigationshows Chinese concerns towards public welfare, it is also a sign of the awareness oflaw consciousness. But at the same time, the results of these cases also make us hurt,their lose is not because of the unclearness of facts and the lack of evidence, butbecause they even can’t be taken into consideration through proceedings. Peopledescribe the situation that our Administrative Welfare Act faces as “persisted plaintiff,rock-solid defendant and indifferent court”. The main reason is the deficiency of ourlaw institution, the traditional administrative proceeding theory is far from meetingthe communities’ growing needs. The Administrative Public Welfare Litigation is anew kind of litigation which safeguards the interest of our country and society, itsrealization of the proceeding goals relies on the efforts of the whole community. Thetraditional lawsuit restrain the qualification of plaintiff in the frame of“privies/interested persons”, so the primary task of the Administration Act is toexpand plaintiffs’ qualifications, which is the biggest obstacle that our AdministrativePublic Welfare Litigation faces in the juridical practice.This article is divided into five parts.The first part introduces actual cases andpoints out the problems that our Administrative Public Welfare Litigation faces. Thesecond part is a clarify of the concept of plaintiffs’ qualification and the relatedpractice of the qualification in our country. The third part analyses the theoryfoundation of promoting the plaintiffs’ qualification in our country through theelaboration of theories. The fourth part summarize the successful experience onlitigation abroad and its revelation for our country. The fifth part proposes theconcrete visualization of expanding the qualifications of plaintiffs’ of AdministrativePublic Welfare Litigation and related institutional guarantee.