Research On The Plaintiff Qualification Of Social Organizations In Administrative Public Interest Litigation

In recent years,the discussion about administrative public interest litigation in China has been stubbornly high.This is related to the fact that public interests in many areas of society have been damaged but it is difficult to get relief.How to establish a sound administrative public interest litigation system has become a problem that needs to be solved urgently.The procuratorial organs in China have already established a relatively complete legal basis for the administrative public interest litigation.The legal basis and related institutional design of the community organizations as the plaintiff qualifications for administrative public interest litigations are relatively slow.In the judicial practice,existing community organizations have brought forward successful administrative public interest litigation.The case clearly demonstrates its unique advantages and significant role in safeguarding the public interest.Therefore,it is necessary to explore the qualifications of the plaintiff organization and the establishment of the system in the academic community,and it is also of positive significance to the development of related practice.The research idea of this article is to analyze the plaintiff qualifications of community organizations through the existing cases in judicial practice and the relevant legal theories,and to specify their necessity and feasibility as plaintiffs.At the same time,the predicament of community organizations in practice is analyzed,and relevant experience is used to provide some suggestions for the establishment of community organizations in China as plaintiffs’ administrative public interest litigation.The article is divided into five parts.The first part is the cases and related legal analysis of the administrative public interest litigation organized by the Chinese community organizations.It is pointed out that the legal basis for the current public interest organization lawsuit is incomplete;the second part is the administrative public interest litigation and the plaintiff qualifications.The basic theory focuses on the meaning of public interest,the meaning and characteristics of administrative public interest litigation,and the criteria for determining the qualifications of plaintiffs.The third part discusses the necessity and feasibility of community organizations as a basis for plaintiffs in administrative public interest litigation;Part of it is the predicament of the Chinese community organizations in the process of administrative public interest litigation.The fifth part is about the design of the administrative public interest litigation system of the community organizations,so that it can be operated,and give full play to the unique advantages of the community organizations.Through the analysis of the above issues,the paper concludes that it is imminent to speed up the construction of administrative public interest litigation.The community organizations as an administrative public interest litigation plaintiff have full necessity andfeasibility,and China should provide legal basis and relevant information for the association as a plaintiff as soon as possible.Program design to overcome unfavorable factors and realize its own value.