On The Plaintiff Qualification In Administrative Public Interest Litigation

These years, with the public interest litigation cases continue to occur in real life,the theorists of the Administrative Law continue in-depth. Administrative publicinterest litigation has gradually become one of the focus of attention of ouradministration law and the judiciary. An important legal system of administrativepublic interest litigation is required to safeguard the public interest and ensure goodsocial operating mechanisms. The traditional theory of the right to appeal is "nointerests, no right of appeal". In this theory, the vast majority of lawsuits against thepublic interest because no suitable plaintiff denied due relief. Looks strong publicinterest actually very fragile, is also facing a growing threat and damage. For thisreality, the legislative and judicial abroad began in the mid-20th century, thetraditional administrative proceedings theoretical review. Giving the procuratorate,civic and social organizations administrative public interest litigation plaintiffqualification on the basis for the development of the theory, in order to better protectthe public interest.Basically with a common understanding of the importance of our administrativepublic interest litigation, but for the theory and construction of the system, especiallyfor the Administrative Public Interest Litigation Plaintiff Qualification still have manydifferences. Chinese Administrative Litigation Law and judicial practice, animportant issue is how to confirm the Administrative Public Interest LitigationPlaintiff Qualification. Chief public right of appeal, no provision in the Constitution,the Administrative Procedure Law and the related explanatory legal documents, butalso did not stipulate who will be eligible to safeguard the public interest to bring anadministrative lawsuit to the people’s court. Blank on such legislation will inevitably lead to the administration of justice, there is no legal basis, most administrative publicinterest litigation in the judicial practice court rejected, the reason is that the personsued simply the plaintiff does not have the qualifications. Therefore, the onlybreakthrough plaintiff eligible this "bottleneck" to fundamentally promote theestablishment of the system of administrative public interest litigation. China shoulddetermine as soon as possible in order to protect the public interests of the state andsociety, the Administrative Public Interest Litigation Plaintiff Qualification.This paper is divided into four parts. The first part is an overview of the basictheory of the administrative public interest litigation, explore the general meaning ofthe Public Interest Litigation and Administrative Public Interest and establish thesignificance of Administrative Public Interest Litigation Plaintiff Qualification. Thesecond part discusses the Administrative Litigation from the evolution of our country,pointed out that China’s Administrative Public Interest Litigation PlaintiffQualification status and deficiencies. The third part focuses on the some countryrepresentative of the provisions of the Administrative Public Interest LitigationPlaintiff Qualification problem, and analyze the experience of its reference to China.The fourth section presents a number of recommendations in the improvement anddevelopment of China’s administrative public interest litigation plaintiff qualificationtheory, procuratorial and social groups should be given to the terms of reference ofthe Public Interest Litigation.