On The Plaintif's Qualification Of Administrative Public Interest Litigation

In recent years,more and more attention has been paid to the violation of public interests caused by the illegal acts or omissions of administrative organs,such as the violation of public interests caused by the functional departments' failure to perform the responsibility of environmental protection and the inadequate supervision of food safety issues.Generally speaking,when the damage of public interest is caused by the omission or illegal act of the administrative organ,in order to protect the public interest,the litigation system that the procuratorial organ brings to the court for the administrative subject who refuses to fulfill the procuratorial suggestion is administrative public interest litigation.The role played by procuratorial organs in administrative public interest litigation is more colorful because administrative power is supervised and restricted by judicial power to a certain extent,which not only does not contradict the principle of no interest,that is,no litigation right,but also conforms to the principle of power restriction.However,due to the gradual expansion of the scope of public interest to be protected,whether the procuratorial organ can bear such a heavy task alone and whether it needs to appropriately expand the plaintiff's qualification has become an unavoidable issue before us.In addition to the introduction,the author divides the article into four parts based on the above ideas,and the specific contents are as follows:At the beginning of the article is to introduce the existing theories and list the relevant views,so as to make a relatively accurate summary of what administrative public interest litigation is,and extract its most essential feature is that when administrative acts damage the public interest,people without direct interest can also achieve the purpose of public interest protection through litigation to the court.Then it enumerates the views of academic circles on the plaintiff qualification of administrative public interest litigation,summarizes its characteristics,and lays the foundation for further discussion in the future.The second part starts with the analysis of the exploration and reflection of the plaintiff's qualification in the practice of administrative public interest litigation in China,introduces the current legislative situation,refines the feedback of the pilotreform of procuratorial public interest litigation in China and selects representative cases for analysis,fully exposes the problems,and expounds the current situation and aspects of the plaintiff's qualification in administrative public interest litigation To clarify the need and direction of the improvement of administrative public interest litigation system.The third part compares and analyzes the plaintiff qualification system of administrative public interest litigation in foreign countries from the perspective of comparative law,selects two countries of common law system and two countries of civil law system that have developed relatively mature and representative in this system to analyze,summarizes their respective characteristics,summarizes their common or similar points,and summarizes their experience on this basis This paper gives some enlightenment on the improvement of plaintiff qualification system in administrative public interest litigation in China.In the fourth part,the author makes a brief introduction to the three starting modes of administrative public interest litigation and shows the theories behind them.Based on the analysis of the status quo of the plaintiff's qualification of civil public interest litigation in China and some references,the author puts forward suggestions and ideas on the optimization and improvement of the plaintiff's qualification of administrative public interest litigation in China,that is,to give social groups and individual citizens administrative public interest litigation in the future The plaintiff's qualification,and for the expansion of the plaintiff's qualification followed by some predictable problems to give some countermeasures,in order to make up for the current legislation,only the prosecution can bring administrative public interest litigation problems and loopholes.