Study On The Plaintiff’s Qualification Of Administrative Public Interest Litigation In China

No plaintiff, no judge. The plaintiff qualification of administrative public interest litigation decides who can prosecute the administrative public interest lawsuits. The plaintiff qualification not only relates to the protection of public interest, but only relates to the scope about the judicial power supervises the executive power. In modern society, the executive power increase deeply, the government executes its power based on the protection of public interest. But the government pursues one-sided interest of the local department and region contrary to public interest in real life. The lawsuits of administrative public interest increase quickly. Now most lawsuits can hardly get legal relief because of lack of fit plaintiff. The protection of public interest needs relief, the executive power need censorship. The individuals, the social groups and the prosecutorial office should be authorized by the law, which is the concept of administration under rule of law.The author of this paper attempts to points out the concept of the plaintiff qualification of the administrative public litigation, investigates the law on related field of the common law and continental law, summarizes the two legal systems similarities and differences and provides some suggestions on establishment plaintiff of administrative public interest litigation in China. The plaintiff should be diversity, and the individuals, the social groups and the prosecutorial office all can prosecute the lawsuits. The plaintiff order of the administrative public litigation should be different according to the suit sorts.