On The Legal Nature Of The Accrediting Agencies In Administrative Public Interest Litigation

In June 2017,the experimental work of administrative public interest litigation conducted by the Supreme People's Procuratorate in 13 provinces,autonomous regions,and municipalities across the country has been successfully completed.The basic framework system has been completed.However,as a new type of litigation,administrative public interest litigation is still under continuous improvement and relatively rough in terms of specific system construction.Some Provisions different from other litigation systems need to be improved.In the practice of the administrative public interest litigation system,many problems have also been encountered,which need to be improved from the theoretical and institutional levels.Among them,a series of problems caused by expensive accreditation in administrative public interest litigation cases have affected the function of the administrative public interest litigation system to a certain extent,which has prompted us to consider how to locate the legal nature of accrediting agencies in administrative public interest litigation.Therefore,it becomes important content of research of administrative public interest litigation to clarify the legal nature of accrediting agencies in administrative public interest litigation,exploring the operation and guarantee mechanism of accrediting agencies serving administrative public interest litigation,and making them perform their due functions,responding to the purpose of accrediting agencies to support and protect administrative public interest litigation.In this paper,based on the previous theoretical research,the accrediting agencies in administrative public interest litigation are positioned as a quasi-public service institution.This paper summarizes the practical problems in the accrediting agencies in administrative public interest litigation by analyzing the concept of quasi-public service,aiming at the problems in practice to improve the operation and guarantee mechanism of the accrediting agencies in administrative public interest litigation.This article focuses on the analysis of the legal nature of the accrediting agencies in administrative public interest litigation in China,writing the following four parts.The first part defines the basic concepts necessary to clarify the legal nature of the accrediting agencies in administrative public interest litigation.Firstly,defining the concept of accrediting agencies in administrative public interest litigation and expounds its characteristics in administrative public interest litigation.Secondly,the accrediting agency in administrative public interest litigation is compared with the accrediting agency in general litigation.Finally,the setting mode of the accrediting agency serving the public interest is systematically introduced.The internal and external models are classified and elaborated.The second part analyzes the legal nature of the accrediting agency in administrative public interest litigation,and defines the legal nature of the accrediting agency in administrative public interest litigation in China.Based on the analysis of the pros and cons of "public interest theory" and "intermediary theory",defining the legal nature of the accrediting agency in administrative public interest litigation as "quasi-public services",making specific explanations on the public welfare attributes,social attributes and service attributes that it should possess.The third part sorts out the problems arising from the ambiguity of the legal nature of current administrative public interest litigation accrediting agencies in China.Accrediting agencies in different settings have suffered from their own dilemmas,resulting in a disconnect between their service capabilities and professional needs.The standards of accrediting agencies of the administrative public interest litigation are ambiguous.Also,we lack supervision to urge accrediting agencies to support and guarantee the effective implementation of administrative public interest litigation.The last part puts forward corresponding suggestions on the operation guarantee of accrediting agencies in administrative public interest litigation in China.Considering relevant extraterritorial experience and China's existing legal regulations,this part put forward suggestions for the improvment of China's administrative public interest litigation from oriented legislation,establishment methods,the combination of administrative supervision and industry self-discipline,and the cultivation of social responsibility.