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

In recent years, along with the growing complexity of the administrative authority of state organs rapid development of China’s economy and social relations have continued to expand and penetrate into the expansion of all aspects of social life, the inevitable conflict between the executive power and the public interest lead to real-life public interest litigation cases occur frequently. In our country under the influence of "no interest neither the right to appeal," the traditional theory of the right to appeal, the vast majority of the public interest litigation against the disqualification was due to the plaintiff the court rejected the prosecution or inadmissible. Seemingly strong and actually very fragile public interest is facing a potential threat to the intensifying. Therefore, China should promote the establishment of administrative public interest litigation and the effective operation of the judicial practice, the most important issue to be solved is to establish a public administrative proceedings standingThis article is certainly established under the administrative public interest litigation legal environment, to start proceedings against the core issue of public administrative proceedings the plaintiff qualified to be the focus of the analysis described. This article is divided into four parts, the first part is an introduction to basic public administrative proceedings the plaintiff qualified legal theory of knowledge. Through the theory authoritative viewpoints systems analysis and deliberation, make public administrative proceedings against the plaintiffs and their qualifications more clear understanding. The second part of the article, the author focuses on the current status quo. Through social practice leads to two typical cases of fuzzy decision endless public administrative proceedings due to the current lack of qualifications as a result of the plaintiff. In the second section of this chapter for administrative public interest litigation led to repeated complaints keep on in this deep level of analysis, identify the root causes so that we remedy, to build the future of our public administrative proceedings to provide some reference. The third part is the main content of public administrative proceedings the plaintiff qualified extraterritorial study and practice. The author introduces the theories about public administrative proceedings the plaintiff qualified to Britain, the United States as the representative of the common law and in France, Germany, Japan, as the representative of civil law, summarizes the common characteristics of the two legal systems, and thus to Construction of administrative Public Interest litigation System to absorb the reference. Finally, the fourth part is the recognized public interest litigation plaintiff qualification standards of administration. Through the above analysis and summary, made their idea about the design of the system when the author. Gives prosecutors, private citizens, community groups Administrative Public Interest Litigation, and the range of conditions in the different subjects lawsuit be limited in order to avoid unnecessary abuse complaints, but also the establishment of a number of related policies and systems to continuously improve the administrative development of public interest litigation.