Research On The Plaintiff Qualification In The Administrative Public Interest Litigation

In recent years,a large number of administrative public interest litigation cases have appeared in our country for the purpose of safeguarding the national and social public interests.The administrative public interest litigation system has also become a research hotspot in the field of administrative law.In the judicial practice of our country,the omission or illegal administration of the administrative organ damages the national and social public interests,so the litigation court is often difficult to accept,because the law has no clear provisions,but the most fundamental reason for not being accepted is the limitation of the plaintiff's qualification to prosecute.The limitation of plaintiff qualification seems to be a bottleneck for China to establish an administrative public interest litigation system.Therefore,it is an important and unavoidable problem to discuss plaintiff qualification in administrative public interest litigation.The establishment of plaintiff qualification in administrative public interest litigation has both theoretical and practical significance.It is not only conducive to perfecting administrative litigation system of our country,guaranteeing the legitimacy of the plaintiff's right to protect public interests,but also introducing administrative disputes into the litigation procedure to protect the individual interests of citizens.The purpose of establishing the plaintiff system of administrative public interest litigation can be fully realized,and the consciousness of citizens participating in politics can be encouraged to improve so as to make the modern democratic Dynas The direction of chemotherapy is developing.It is also helpful to protect the public interests,promote the sound development and perfection of the legal system in China,broaden the channels for supervising administrative organs to administer according to law,urge administrative organs to perform their duties according to law and in time,improve work efficiency,make the administrative proceedings more open and transparent,and maximize the protection of civil rights.The full text takes the plaintiff qualification in administrative public interest litigation as the research object,and is divided into five parts:The first part quotes three cases of the administrative public interest litigation with different plaintiff qualifications are cited to summarizes the focus of the cases,and then deduces who can be qualified plaintiff in administrative public interest litigation.The second part introduces the basic theory of plaintiff qualification in administrative public interest litigation,including the concept,characteristics and so on,which lays a theoretical foundation for the later legal analysis.The third part analyzes the current situation of the plaintiff system of administrative public interest litigation in foreign countries,such as Britain,France and the United States,and draws inspiration.The fourth part introduces the status quo of the plaintiff qualification system in administrative public interest litigation and makes a legal analysis.After expounding the status quo of legislation and theory,it analyzes the legal principles of procuratorial organs,social organizations and individual citizens as plaintiffs in administrative public interest litigation.The fifth part puts forward some suggestions on perfecting plaintiff qualification system in administrative public interest litigation in China based on the above theoretical basis,makes a clear choice of the plaintiff qualification model of administrative public interest litigation in China,uses the plaintiff qualification system of civil public interest litigation for reference,and makes plaintiff qualification in administrative public interest litigation in China from procuratorial organs,social organizations and the public.Three aspects of personal and specific system design.The standard path of plaintiff's main qualification in public interest litigation puts forward concrete suggestions for improvement.In determining the plaintiff's qualification of administrative public interest litigation cases,we should broaden the scope of the subject,abandon the traditional way of determining the plaintiff's qualification by "interests",not only endow the procuratorial organs with the plaintiff's qualification of administrative public interest litigation,but also determine the plaintiff's qualification of social organizations and increase the citizen's individual administrative public interest litigation.This can not only play an important role in perfecting the socialist rule of law,build a rule of law in China,better protect the public interests of society,but also highlight the judicial power,procuratorial power and civil rights to the supervision of state administrative power.