Exploration On The Plaintiff Qualification Of Procuratorate In Administrative Public Interest Litigation

Since the development of modern administrative law,people come to realize that as public law administrative law not only bear the burden of maintaining privacy,but also to maintain and promote the development of public interest.Administrative public welfare lawsuit system as the final barrier to protect public interest,has been most active rule of law into the scope of administrative litigation.Since reform and opening up in China,there has been a lot of executive power on the social and public interests against and without redress.In order to regulate these public violations,safeguarding the public interest was not compromised,and actively explore the construction of administrative public welfare lawsuit system has become urgent requirements.Currently,China is advancing judicial reform,in this context,prosecutors actively trying to pilot of the administrative public interest litigation,to enhance legal oversight capacity.Break through the traditional party theory of administrative public welfare litigation,so whether prosecutors have discussed litigation subject qualification is very important,which directly determine whether the administrative public interest litigation started,smooth construction of administrative public welfare lawsuit system.Based on this hot,divided into four parts,first of all clarify the qualifications and administrative public interest litigation,the basic concepts and features.Followed by analysis of the procuratorial organ's role in the administrative public interest litigation position and follow the basic principles in the participatory process.Again from the legal basis,legal basis,the necessity and feasibility of various aspects on the subject qualification of the legitimacy of the prosecution were discussed.Concluded that the procuratorial organ legal qualification theoretical dilemma and the dilemma faced in implementing the pilot project,and to make relevant recommendations.Legitimacy based on the qualifications of procuratorial organ,and pointed out that as the legal supervision of procuratorial organ,is the most proper subjects of administrative public welfare litigation aimed at actively promoting the development of Chinese administrative public interest litigation practice.