Research On The Plaintiff Qualification Of Administrative Public Interest Litigation

The theoretical basis of the plaintiff qualification of administrative public interest litigation is mainly consists of the doctrine of interest,the theory of charitable trust and the theory of private prosecutors.In 2017,China’s administrative public interest litigation system was initially established.Judging from the development of the procuratorial system,the special status of the procuratorial organs,the connotation of the public prosecution system,and the most appropriate principles of function,to have procuratorial organs as the proper plaintiffs of administrative public interest litigation is rational.On how to position the status and role of the procuratorial organs during the administrative public interest litigation,how to position them,such as "the plaintiff said","the public welfare representative said" and "the administrative public prosecutor said",etc.,however,the author believes that "the administrative prosecutor said" is a more appropriate one.To promote in-depth the reform of the supervision system will be both a challenge and an opportunity for the procuratorial organs in administrative litigation.Whether in the common law countries or the civil law countries,the procuratorial organs are to be the appropriate plaintiffs in administrative public interest litigation,but there are still some disadvantages when China’s procuratorial organs are the only eligible subject for administrative public interest litigation.Procuratorial organs,organizations and citizens to initiate the administrative public interest litigation has been qualified widely in most of the foreign countries which are more developed in law.From the development trend of the rule of administrative law,the limit of the plaintiff qualification of administrative public interest litigation has been gradually extended.Theoretically we could explore the necessity and possibility of the community organizations and citizens to be qualified in administrative public interest litigation,by referring to the basis of the foreign countries’ administrative public interest litigation system and meanwhile focusing on actual condition of China.The author believes that China can learn from the mature practices of foreign countries,therefore brings up proposals for promoting the administrative public interest litigation system improvement and extend the scope of plaintiff qualifications.Firstly,to solve the practical problems during procuratorial organ initiating the administrative public interest litigation.Secondly,to gradually permit the community organizations to join the administrative public interest litigation;Thirdly,set up the standard for citizens to participate in administrative public interest litigation.