A Study On The Qualification Of Plaintiff In Administrative Public Interest Litigation To Chinese Citizen

Through the exploration of real-life cases,the extensive discussion of scholars,and the exploration of the two-year public interest litigation pilot work of the Supreme People's Procuratorate,the litigation qualifications of the procuratorate in June 2017 were clarified in the newly revised Administrative Procedure Law.The establishment of prosecutorial litigation qualifications is an important innovation in the field of administrative public interest litigation,but this does not meet the growing public interest protection needs.The issue of plaintiff qualification is still worth exploring.The discussion of the plaintiff problem of administrative public interest litigation is mainly aimed at the current expanding administrative power and better safeguarding the expression of public interest in the institutional field.From the perspective of further improving the supervision mechanism of the judicial system,optimizing the allocation of procuratorial power,promoting administration according to law,safeguarding the legitimate rights and interests of citizens and social organizations,and maintaining objective legal order,further expanding the scope of plaintiffs in administrative public interest litigation is in line with the trend of social development.Article 25 of the Administrative Litigation Law of our country limits the participants in administrative litigation to citizens who are interested in the administrative action against the lawsuit,and limits the main body of the plaintiff in the administrative public interest litigation to the procuratorate.Proposal for prosecution,the people's procuratorate has the right to file a lawsuit in the people's court according to law in a situation where the administrative organ fails to perform its duties according to law within one month.The lack of legislation makes citizens have no place in administrative public interest litigation.Therefore,in the actual case,citizens often fail to enter the trial procedure because they have no litigation subject qualification.Even if they enter the trial procedure,the plaintiff will dismiss the suit.However,in order to protect the public interest,more and more scholars have begun to explore the issue of citizens' administrative litigation qualifications.The regulations of the administrative public interest litigation model and the plaintiff standard in the western rule of law have also become the reference objects.The first chapter of this paper defines the relevant theories of administrative public interest litigation and the concept of plaintiff qualification in administrative public interest litigation,expounds its nature and characteristics and introduces the establishment and establishment of administrative public interest litigation.The second chapter discusses the establishment and importance of plaintiffs in administrative public interest litigation in China.It also affirms the role of the procuratorate in the administrative public interest litigation,but also points out that only the procuratorate as the plaintiff of the administrative public interest litigation cannot fully satisfy the demand to protect the public interest.The discussion of this issue paves the way for the plaintiff of citizen public interest litigation in the next chapter.Then the third chapter of the article is based on the three aspects of citizen litigation,people's sovereignty and power balance.The system level mainly seeks the basis and the foothold of the constitution and combines the relevant citizens in reality.The practice of protecting public interests and actively proposing administrative public interest litigation to explain the necessity of citizens as plaintiffs in administrative public interest litigation.The content of the fourth chapter discusses the model of foreign public security litigation and the scope of plaintiff from the perspective of comparative law,such as the private prosecutor system in the United States,the public litigation in Japan,the ultra vires in France,and the litigation of public representatives in Germany.Therefore,the article concludes that citizens who are the subject of administrative public interest litigation may face abuses,obstacles caused by qualification restrictions,and the litigation costs and burden of proof of citizens in public interest litigation.In response to these obstacles,the author tries to solve the problem from setting up the pre-examination procedure,the qualification review procedure,establishing the litigation cost sharing mechanism,and the standard of burden of proof.This article mainly adopts the literature analysis method and the comparative method.On the basis of consulting a large number of related domestic and foreign books and search network literatures,it explores the diversity of the qualifications of plaintiffs in other countries,and the legal and constitutional basis for citizens to enjoy the plaintiff qualifications.At home and abroad,the relevant cases and other levels discuss that China should have a place for the legal status of citizens in the plaintiff qualification of administrative public interest litigation.This is the development trend of the system and the proper meaning of the complete administrative public interest litigation.The innovation of this paper is to introduce the citizen's legal status as the plaintiff qualification of administrative public interest litigation.From the perspective of the administrative law school,the state procuratorate should have the qualification of litigation plaintiff,and in June 2017,the Administrative Litigation Law.After the amendment was adopted,the administrative public interest litigation took a far-reaching step,but whether the citizen other than the procuratorial organ should also have this qualification to supplement the public interest protection field that the procuratorial organ could not reach,and the citizen was not given the qualification.The lack of laws and how to make up for these loopholes are worthy of further consideration,thus establishing a complete system of administrative public interest litigation.