Research On The Qualification Of Plaintiff In Administrative Public Interest Litigation

Under the premise that China's administrative public interest litigation system has not yet been fully established,the administrative public interest litigation plaintiff qualification is the more important issue in the administrative public interest litigation.The development of the plaintiff qualification problem will inevitably promote the establishment of the whole administrative public interest litigation system.Therefore,it is very important to establish the plaintiff qualification of the administrative public interest litigation.According to the traditional standard of interest,the plaintiff's qualification must be a person with a real interest,and the establishment of an administrative public interest litigation system must break the traditional theory.In the western countries,the United Kingdom,Japan,the United States,Germany have established a more comprehensive administrative public service system,although the name of each country is different,such as Germany called public representatives of the lawsuit,France called the ultra vires,but its essence Is the same,and for this system,China's theoretical and practical circles have great differences.Through the comparison of three cases,legal analysis and excellent experience abroad,it is necessary to prove that both the procuratorial organs,individual citizens and community organizations are qualified as plaintiffs.The general summary is as follows:First of all,the use of three cases of administrative public interest litigation,their plaintiffs are different qualifications,which can be extended as an administrative public interest litigation plaintiff qualification,and then analyze what is the administrative public interest litigation,and domestic administrative litigation plaintiff qualification differencesSecondly,the specific analysis of the prosecution as the legal basis of administrative public welfare,such as the prosecution to do the plaintiff is the subject of the theoretical breakthrough,litigation trust theory,by the Constitution and the nature of the prosecution decision.And then analyze the legal basis of citizens' personal and community organizations as the plaintiff of administrative public interest litigation.And then reanalyzes the provisions of foreign administrative public interest litigation and the extrajudicial administrative public interest litigationFinally,from the above theoretical basis to establish in China to establish a prosecution,citizens and community organizations as the administrative plaintiff's necessity,the state legislature should re-enact the "Administrative Procedure Law",in the system to redesign,the state focus on procuratorial Organs and societies as the plaintiff of administrative public interest litigation,individual citizens as administrative plaintiffs of the plaintiff qualification,only involved in the administrative public interest litigation to expose the report,and theprosecution is not the case,the administrative public interest litigation.