Administrative Public Interest Litigation Plaintiff Qualifications Of Social Organization In The Study

The research on the administrative public interest litigation is a hot topic in the academic arena.Among them,the plaintiff qualification is the focus of many scholars.In recent years,due to the vigorous development of social organizations and some of its natural special attributes.social organizations,as the plaintiff of administrative public interest litigation,have been paid more and more attention.So,what are the characteristics of social organizations? Are social organizations as a plaintiff suitable in the administrative public interest litigation? In this case,how are social organizations stipulated in legal-developed countries ? In our country,how to design such a system is more reasonable?Thus,This paper mainly focuses on these issues.In addition,This paper aims to explore how to establish social organizations,in which the system of administrative public interest litigation is conducted.This paper is supported through analyzing and summarizing some domestic and foreign theories and system design about the administrative public interest litigation in social organizations as well as making a comparison between them.When necessary,some typical cases are also analyzed in this paper.This paper is divided into five parts.The first part mainly introduces the basic theory of that some relevant theories of three key words :administrative public interest litigation,plaintiff qualification,and social organization.The second part is mainly about social organization as plaintiff in administrative public interest litigation from the perspective of basic theory,which includes the theory of restriction of power by society and the theory of human rights protection Firstly.Secondly,it analyzes the necessity of carrying out the administrative public interest litigation in social organizations,which mainly includes three aspects: Supervision of administrative power,democratic participation and protection of public welfare.Finally,the feasibility of the social organization as the plaintiff of administrative public interest litigation is analyzed and elaborated from its own advantages,nature and other areasand even the successful experience of foreign countries;The third part showcases the realistic dilemma of social organizations as Plaintiffs in Administrative Public Interest Litigation in China such as legislative hurdles,the issue of social organizations,and the un-separation between government and community;The fourth part mainly analyzes the relevant regulations of some legal developed countries which have the rule of law,including the United States,Australia,Britain and Germany;The fifth part is the key of this paper,which mainly expounds how to construct the system of social organizations regard as the plaintiff in the administrative public interest litigation in our country.The constructive ways include the breaking of the legislative barriers,improving of social organizations construction,promote the independence of government and society according to law,and the establishing of actionable prosecution system,the restriction system and incentive system,etc.This paper,based on the premise that the administrative public interest litigation system has been established in our country,analyzes some relevant content about plaintiff qualification to social organizations.However,our country's system about administrative public interest litigation is still in the blank state so far.Considering the research focus and limited paper space,this paper only analyzes issues of administrative public interest litigation filed by social organizations from many aspects,and does not concentrate on other content of administrative public interest litigation.