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

Strengthening power restriction,strengthening judicial supervision,promoting administration according to law and building a government under the rule of law are among the most important subjects in governing a country according to law and building a socialist rule of law.Among them,the administrative public interest litigation system is also an indispensable part of the realization of the subject.In recent years,with the deepening of political and economic development and the social environment changing,the government is also facing the increasingly complex situation in the process of administrative management,some local governments because of the administrative law is not high and the level of administration according to law consciousness,in the course of the administration of the problem after another poor,administrative omission,as the chaos,administrative law and administrative powers against the public interest things have occurred.At the same time,with the continuous progress and development of the rule of law,citizens' consciousness of "masters" has been awakened.Supervision consciousness,awareness of rights protection and awareness of rule of law are increasing.Administrative public interest litigation cases also happen frequently.Montesquieu,a world-famous jurist,once said,"any right person can easily lead to abuse of power and even the power without boundaries.",therefore,the administrative public interest litigation system came into being in China.The administrative public interest litigation refers to litigation activities that are brought to court by law specific subjects in order to safeguard the interests of the state or society.The qualification of plaintiff,the scope of accepting cases,the initiation procedure,the burden of proof,the procedural safeguards and so on are the important parts of the lawsuit.Obviously,the study of plaintiff qualification is the origin and key of the administrative public interest litigation system,and no plaintiff has no action.The qualification of the plaintiff in the administrative public interest litigationrefers to the legal provision that the main body of the administrative public interest litigation can be carried out in its own name.In the construction of the administrative public interest litigation system and the qualification of the plaintiff,our country has always been a tireless exploration.In early the fourth Plenary Session of the 18 th CPC Central Committee the party clearly put forward "to explore the establishment of procuratorate public interest litigation system";in July 2015 the national people often "pilot decision" pilot two-year litigation authorization in 13 provinces and autonomous regions and municipalities directly under the central government;in June2017 the national people often revise "administrative litigation law.Fourth new models in the decision","administrative procedure law" of twenty-fifth,the specific provisions of the people's Procuratorate has the right to bring administrative litigation.The revision of the administrative procedure law of is affirmative to the positive effect of the pilot work for two years,and is the recognition of the necessity of the procuratorial administrative public interest litigation.However,whether the procuratorial organ is able to monitor the administrative behavior to the maximum extent and whether it can effectively reduce the damage of the state and social public interests is not yet known.Around this important issue,the theories of monism,dualism and three element theory about plaintiff qualification in administrative public interest litigation continue to be discussed in theory and practice.Most voices suggest broadening the scope of plaintiff qualification.The repair method did not end the dispute,and the procuratorial administrative public interest litigation was not the only mode of administrative public interest litigation.To this end,this paper first analyzes the basic theory of the corresponding administrative public interest litigation system.Secondly,it introduces the theoretical basis of constructing the plaintiff qualification of the administrative public interest litigation system,and then explores the current situation of the theory and practice of plaintiff qualification in administrative public interest litigation,and reflects on it.Thirdly,we compare the system and form of plaintiff qualification in administrative public interest litigation abroad,and provide some experience for our country to construct plaintiff qualification system in administrative public interest litigation.Finally,from the "ought" to "actual" point of view,considering the plaintiff qualification standards,content and security system and how to design,put forward specific ideas in China's construction of the plaintiff's qualification of administrative public interest litigation,hoping to contribute to the construction of the government under the rule of law,rule of law Chinese.In addition to the introduction and conclusion,this article is divided into five parts:In the first part,the basic theory of the administrative public interest litigation system is introduced.Through the summarization and analysis of public interest litigation and the introduction and analysis of administrative public interest litigation,the concept,characteristics and theoretical significance of plaintiff qualification in administrative public interest litigation are introduced.In the second part,the necessity and feasibility of establishing the qualification of the plaintiff in the administrative public interest litigation is discussed.This paper expounds its necessity from the supervision of administrative power and the protection of social public interests,and expounds its feasibility from the aspects of theory,reality and law.The third part,combined with the status of the plaintiff qualification system in public interest litigation,analysis and reflection.This part is divided into two parts,respectively is the theoretical and practical analysis of the current situation of the administrative litigation plaintiff qualification,reflect on the obtained achievements and existing problems;analysis and reference to the administrative public interest litigation in the status quo of the plaintiff qualification of the civil public interest litigation in our country.The fourth part,the foreign "administrative public interest litigation plaintiff qualification system" research and reference.By introducing the plaintiff qualification system in the six countries of Britain,the United States,France,Germany,Japan and India,we hope to find useful experience from it.The fifth part of the administrative public interest litigation plaintiff qualification in the construction of our country put forward specific ideas.How to design the standard,the main body and the guarantee system of the plaintiff's qualification,and hope to do a little effort to build the government under the rule of law and the rule of law in China.