Study On The Plaintiff Qualification In Administrative Public Interest Litigation

With the development of the concept of social rule of law,administrative public interest litigation has become a hot topic.Unfortunately,China does not have the relevant provisions of administrative public interest litigation,administrative public interest litigation who started,how to start still lack the legal basis.In judicial practice,the public interest damage caused by the illegal administration or negative omission of the administrative organ is often difficult to be accepted by the court because there is no clear legal provision.The most fundamental reason is that the plaintiff sues the qualification.It can be said that the plaintiff qualification has become a bottleneck in the establishment of administrative public interest litigation system.Therefore,it is an unavoidable real problem to study the administrative public interest litigation system.In view of this problem,this article uses four parts to discuss.Firstly,it expounds the connotation and characteristics of the administrative public interest litigation,introduces the definition of the plaintiff qualification of the administrative public interest litigation,and makes a detailed demonstration of the basic theory of the administrative public interest litigation qualification.Secondly,it makes a realistic study on the plaintiff of administrative public interest litigation in our country.It analyzes from the current situation of judicial practice of administrative public interest litigation in our country,and puts forward that the administrative public welfare litigation is not established in the legislation,the public interest of citizens is not high,the role of social groups is not obvious And the judicial practice in the existence of the four blind practice in the sharp problems;also elaborated in the theoretical circles for the prosecution of the plaintiff qualification,social organizations,plaintiff qualifications and citizens of the plaintiff qualification of the theoretical basis.Thirdly,it examines the qualifications of the plaintiffs of administrative public interest litigation and provides reference and reference for determining the plaintiff qualification of administrative public interest litigation in our country.Finally,the author puts forward the design of the plaintiff qualification of the administrative public interestlitigation in our country,that is,insist on the qualification of the plaintiff of the procurate,clarify the eligibility of the social organization and increase the plaintiff qualification of the grassroots self-governing organization.