Probe Into The Plaintiff’s Qualification Of Administrative Public Interest Lawsuits

Administrative law system of our country in practice, with other departments, there aremany gaps and development-hungry local and administrative public interest litigation is animportant part of which still needs to be done. The absence of administrative public interestlitigation not only affecting the integrity of the litigation system in our country, but alsoreflects the lag of Chinese legal development to respond to the real needs. Pay attention to theexisted loopholes in the legal system, it is imperative that issues settled in, the key ofestablishing administrative public interest litigation is filling and confirming that theplaintiff’s qualification of administrative public interest lawsuits.Nowadays, the principal boundary defines the necessity of government action in thepublic interest has gradually become a measured process of modern rule of law an importantruler. Mastery of the fundamentals of public interest is to explore the path of administrativepublic interest lawsuit prerequisites. Rights and judicial remedy such as a shadow, whenadministrative action is against the public interest, lack of judicial relief mechanisms willinevitably lead to significant public benefit cannot be effectively protected, in which case onlyby recourse to the administrative public interest litigation to those who violated a reasonableregulatory administrative act in the public interest. However, no plaintiffs and no lawsuits,legal proceedings is that the plaintiff has a legislative body, confirmed the plaintiff’ssubjective position is the key to open the door of administrative public interest lawsuit systemin China.Trust theories, the theory of people’s sovereignty and the causes of interest theory ofestablishing administrative public interest litigation is a theoretical basis of widening thescope of administrative public interest lawsuit plaintiff qualification. In practice, a typicalcase of pile proves to us, construction of administrative public interest lawsuit plaintiffqualification systems contribute not only to strengthening the protection of citizens ’procedural rights, can still fill a legislative gap on the litigation system in our country, and atthe same time, or you can make a variety of conflicts of interest under the harmonious society to strike a balance between, the value objective of achieving fairness and justice.Wise menlearn by other person’s mistakes. Discard the dregs and take the essence.By the existedextraterritorial representative national administrative public interest lawsuit plaintiffqualification of the relevant theories, and characteristics combined with the socialenvironment and on the basis of the procuratorial organs, social organizations and individualcitizens can assume the responsibility of prosecuting analysis and discussion on the issue,with a view to construction of administrative public interest lawsuit plaintiff qualificationsystem in China.