Study On The Plaintiff Qualification Of Administrative Public Interest Litigation In China

With the complex of social relations and public affairs gradually increase,the modern state governance increasingly rely on the exercise of executive power,public power extends to every aspect of social life.At the same time,the improper behaviors of administrative had caused an unprecedented threat to the public interest.As a result,a new form of public interest litigation,administrative public interest litigation arises at the historic moment.Administrative public interest litigation is a lawsuit that between the specific subject of legal authorization and the subject of administrative against administrative acts that violated public interests,in order to safeguard the public interest.A similar system has been gradually established in countries with better rule of law outside the region.In the 1990s,the cases of administrative public welfare began to appear in China's judicial practice,but because of the long-term legislative gap,such cases have been repeatedly blocked in reality.However,the exploration of the administrative public interest litigation has never stopped in the theoretical circle and the practical circle.Whether it is the convening of related academic conferences or the reform of the procuratorial organs,the exploration has made outstanding contributions to the establishment of administrative public interest litigation.Finally,it has been established at the twenty-eighth session of the Standing Committee of the Twelfth National People's Congress in June 27,2017.Although China's administrative public interest litigation system has been initially completed,it still need to a further improvement combine theoretical research and practical experience.The plaintiff is the key to open the door to litigation,its importance is self-evident.It is urgent to solve the plaintiff qualification problem to promote the perfection of the system in legislation and effective operation in judicial practice.Based on the analysis of administrative public interest litigation,this paper puts forward new ideas for the establishment of plaintiff qualification from the present situation of our country,and puts forward some suggestions for improving and perfecting the current legislation.This paper mainly discusses from five aspects.The first part is the introduction part,mainly introduces the research background and significance,research status at home and abroad,research methods and the framework of this article.The second part is the theoretical part that mainly discusses the meaning of administrative public interest litigation and plaintiff qualification and introduces the theory of litigation trust,interest of litigation theory and the theory of procedural parties.The third part is the introduction and analysis of the current situation and problems.This part describes the difficult exploration of different subjects in the blank period in our country,and introduces the present situation of legislation,judicature and theoretical research under the current laws.In legislation,the new system has just been established,which clearly stipulates that the prosecution is the only plaintiff;in the judicial field,the situation appears that the plaintiff type is single,the scope of the case is more concentrated in the field of environmental protection,and the procuratorial organs have many procuratorial suggestions,but the lawsuits are less.In theoretical research,scholars are more controversial about the plaintiff qualifications.In theoretical research,scholars have a great dispute over the qualification of plaintiff,there is no consensus on this matter.This part also analyzes the problems of the the current legislation:the lack of the plaintiff qualification standard,the unitary plaintiff,the unclear status of the procuratorial organ,and the lack of proper restrictions on the procuratorial organs,that in order to improve the legislation in the future.The fourth part is the analysis and enlightenment of the plaintiff qualification of the non-regional administrative public interest litigation.The United Kingdom,the United States,Germany,France and other countries have various exploration of administrative public interest litigation,and formulate the corresponding legal system since middle and later periods of the 20th century.Although the political system and litigation system in western countries are different from ours,we can still find some references.The fifth part is the suggestions for the plaintiff qualification of administrative public interest litigation.We should define the standard of the plaintiff qualification.Social organizations and individual citizens should also be eligible for administrative public interest litigation.We should also improve the system of administrative public interest litigation brought by the procuratorial organ under current legislation.I have consulted a large amount of literature and literature in my thesis,and tried to discuss or put forward new ideas in a new angle.In the fifth part,the innovation point of this paper focuses on the demonstration of the pluralistic plaintiff subject of the administrative public interest litigation system,and hopes to provide new ideas for the improvement of this legal system.