Study On Establishing The Plaintiff Qualification In Chinese Administrative Public Interest Litigation

In recent years, with the process of the society, the administrative power is expanding,and has penetrated into every aspect of social life. It has inevitably affected the publicinterest. So some people start to look for the judicial process to protect social publicinterest. In the judicial practice of our country, these cases always fail because ofinfringement of the plaintiff’s interests directly. So the plaintiff qualificationestablishment will become the core problem.Administrative public interest litigation system has established in the major westerncapitalist countries, but our country is still in the stage of theoretical research. At first,the author introduces the basic concerns of the plaintiff qualification of administrativelitigation. Then the author inspects the administrative public interest litigation’splaintiff qualification home and abroad. Finally, the thesis puts forward that in ChinaPeople’s Procuratorate and the social groups should be given the plaintiff qualification.The thesis includes three sections.In the first section, the author reviews some basic concepts. Firstly, how to define the“Administrative Litigation on Public Interest” and “The Qualification of plaintiff onPublic Interest Litigation” is discussed. Secondly, the author simply describes theAdministrative Litigation on Public Interest’s basic characteristics. Then, the authordiscusses the theory basis of establishing the qualification of plaintiff.In second section, a few country’s regulation of quality of administrative litigationabout public interest is discussed, then their common characteristics is analyzed, suchas England, America, Germany, France, Japan and so on.In the third section, firstly, the author analyzes the necessity and feasibility ofestablishing the plaintiff quality of administrative litigation on public interest. Secondly,the author puts forward the suggestions of how to make the plaintiff quality ofadministrative litigation abut public interest. At first, we have to modify the procedurelaw on administrative. Secondly, how to design the qualification of plaintiff ofadministrative litigation on public interest specifically is discussed.