Research On Social Organizations Filed Administrative Public Interest Litigation

The protection of human rights is the ultimate goal of socialist rule of law. Judging from the current situation, the greatest threat to human rights is the abuse of state power.In order to limit the abuse of state power, we should immediately take measures to restrict the execution of state power. Establishing administrative public interest litigation system will take effect on the public supervision, the establishment of the aforesaid system can compensate for the vulnerability of state power constraints and consequently ensure the state power will be exercised within the legal framework, and ultimately achieve the purpose of human rights protection. The issue of administrative public interest litigation plaintiff qualification has always been the hot issue of the academic research on the administrative public interest litigation system. Presently,many scholars’ common sense is to locate the plaintiff qualification of the administrative public interest litigation in procuratorial organs, citizens and social organizations. The commonweal and non-profitability make social organizations themselves an advantage as the plaintiff of administrative public interest litigation. By analyzing the actual advantages for social organizations as the plaintiff of administrative public interest litigation and the reference of foreign and Taiwan’s advanced experiences,this article explores the way to establish the system of administrative public interest litigation filed by Chinese social organizations, which may contribute to the construction of the administrative public interest litigation system in our country and the improvement of our administrative litigation system.