The Study Of The Trinity Mode Of Plaintiff Qualification In Administrative Public Interest Litigation

In recent years,China has made beneficial exploration in the field of the administrative public interest litigation,and has made breakthrough progress.The administrative public interest litigation of the procuratorialorgan was determined in the form of procedural law for the first time in 2017.Plaintiff qualifications.However,this still cannot meet the needs of society.With the public interest being widely and deeply concerned,more and more cases of administrative public interest litigation are making clear that we should begin to consider the need to expand the plaintiff qualifications.The article is divided into four parts.Details are as follows:first,the author based on the theory,the administrative public interest litigation plaintiff qualification theory.Firstly expounds what's administrative public interest litigation the plaintiff,and trace the theory origin of administrative public interest litigation plaintiff qualification,combined with foreign advanced legislation experience,summed up the evolution of administrative public interest litigation plaintiff qualification.The practice decides to know,and the knowledge is also counterproductive to practice.In practice,people's demands for the maintenance of public interest promote the development of the theory of administrative public interest litigation.At the same time,the epistemological foundation of the evolution of supporting theory is expounded.Secondly,this paper discusses the model of ternalization.In the form of contrast,the unified mode and normalize the basic concepts,and introduces its applicable value and evaluation,and raises the author advocates the administrative public interest litigation plaintiff qualification of the ternary model building.In this part,the author elaborates on the concept of ternary model,and analyzes the important value embodiment of the trimester model for the construction of administrative public interest litigation in China.Again,elaborated the administrative public interest litigation plaintiff qualification of the ternary model build,compared to countries outside of there exist certain disadvantages to the legislation of our country's legislation,in this part,the author in the Anglo-American law system and continental law system as the analysis object,system construction of administrative public interest litigation plaintiff qualification helps for analysis,and the total experience worthy of learning,in order to build our country's administrative public interest litigation plaintiff qualification of the ternary model contributes an own strength.Finally,the author analyzes the basis and application of the current administrative public interest litigation system in China,including the basis of legislation and the current situation in practice.Then it puts forward the concrete measures to construct the three-dimensional modelof administrative public interest litigation in China.First of all,the scope of the case is clear,which is the basis for the court to accept the judicial remedy offered by the plaintiff;Secondly,the specific type of the plaintiff and the standard problem of the identification of the plaintiff are solved,and the single issue of the plaintiff qualification in the current legislation is solved.In the end,the author puts forward some Suggestions on how to improve the trial procedure.In this paper,it is believed that there is a rich theoretical basis for the construction of the three-element model of the plaintiff qualification in administrative public interest litigation,namely the support of the constitution and administrative procedural law.At the same time,the judicial practice of the development put forward the demand for theoretical guidance,although not with case law as the origin in China,but also to have certain reaction of lawmaking,judicial practice is feasible and necessary to build the system in our country,more profound value and significance.