The Study Of The Plaintiff Qualification Of Adiminstrative Public Interest Litigation In China

The interests of the public interest is not a few people, it is because this is not a number, but also to its interests in a very unstable state, most likely to be the result is that there is no one tube, it is difficult to resolve the plight of the people who do not have the plaintiff qualification. Actually, the public interest is violated, always in sometime in some way eventually put the result on a particular person or group, to determine the qualification of plaintiff of administrative public interest litigation, can let "good" the organization or person can exercise their right to appeal, further monitoring of public power, to safeguard public interest and also protects their right.The rights and judicial relief as twins, from birth is closely. If the public interest is infringed by public power, and the means of judicial relief is not established by the law, it is certain that the public interest can not be maintained. At this point, those violations to the public interest of the administrative act of the public interest litigation can only be the most effective and reasonable regulation. However, there is no litigation, only in the legal provisions of the plaintiffs qualification of administrative public interest litigation, therefore, to confirm the plaintiffs main position is to establish the foundation of our administrative public interest litigation system.The theory of the interest of the lawsuit, the people’s sovereignty theory and the trust theory are the three theories. Is an important theoretical basis for the establishment of administrative public interest plaintiff qualification. The establishment of the plaintiff qualification of the administrative public interest litigation in other typical countries, which has positive significance, is established on the basis of domestic social environment, human environment, material foundation and legal history. Although China’s current law does not clearly define the relevant system, but in the current judicial practice, there have been spontaneous emergence of administrative public interest litigation, which is the performance of citizens in the specific case of the right to supervise the exercise.In the discussion of the establishment of administrative public interest litigation the plaintiffs standard, to further clarify the administrative public interest litigation subject qualification. Fully discuss several kinds of main body, such as citizen individual, social organization or procuratorial organs, it is the possibility and feasibility of the plaintiff, in order to construct the administrative public interest litigation system in China. The construction of this system can not only strengthen the protection of the society, but also pay attention to the protection of civil right of appeal, and can fill in the blank of our country in the litigation system. The most important point is the establishment of this system, is the administrative public interest litigation filed the first condition, further can realize the effective supervision of the administrative organs, so that the use of social resources and rational use, safeguard social interests.