Research On The Qualifications Of Plaintiffs In Administrative Public Interest Litigation

The confirmation of the plaintiff’s qualifications is not only an extremely theoretically difficult issue in administrative public interest litigation,but also the central axis that runs through the development of the system.Although China’s experience in exploring administrative public interest litigation is still shallow.However,the successful experience of the two-year pilot work has fully demonstrated that the system has unlimited development vitality in China.The current law stipulates that the procuratorial organs should be the subject of public interest litigation and prosecution,and in a short period of time,they have indeed played a role that cannot be underestimated in safeguarding the public interest and supervising administrative power.However,with the complexity of social life and the enhancement of the public’s awareness of safeguarding rights,there have been frequent incidents of damage to social public interest caused by the inaction of administrative organs or illegal administrative acts,and the procuratorial organs,as the only plaintiffs who can initiate administrative public interest lawsuits,have gradually failed to arrest them.Considering the opposition between the two will affect the development process of administrative public interest litigation.Therefore,in order to break through this shackle,it is necessary to consider broadening the scope of plaintiff qualifications for administrative public interest litigation to a certain extent to adapt to the development of the times.To this end,using research methods such as comparative research,empirical research and comprehensive analysis,on the basis of clarifying what is administrative public interest litigation,the connotation of plaintiffs’ qualifications is discussed from the evolution of relevant concepts.Combining theories such as interests and interests in litigation,it lays a solid theoretical foundation for the confirmation of the qualifications of plaintiffs in administrative public interest litigation.Furthermore,by clarifying the current situation of the plaintiff’s qualifications in the system,including the various plaintiff qualification models that exist at the theoretical level,as well as the progress of the procuratorial organs’ effective work to protect the public interest.However,it is also necessary to see the problems that are gradually exposed behind the scenes,such as the narrow access to the source of the case and the ease of falling into litigation imbalance.In addition,through the examination of the relevant systems in Germany,Japan,the United Kingdom and the United States,the beneficial experience of each country in the qualification of the plaintiff is analyzed.Borrowing from other mountains and combined with China’s judicial practice,taking into account the shortcomings of system development,it is proposed to appropriately expand the scope of plaintiffs under the premise of adhering to the qualifications of plaintiffs in procuratorial organs,enable social organizations and citizens to have plaintiff qualifications,and choose a three-dimensional model.Subsequently,the rationality of China’s inclusion of social organizations and citizens in the scope of plaintiffs in administrative public interest litigation is discussed separately,and their respective advantages are pointed out.In this context,a gradual broadening approach is adopted to impose certain restrictions on the conditions for social organizations and citizens to be included in the scope of the plaintiffs,and certain pre-procedures are set up for citizens to sue on their own.The issue of confirming the qualifications of plaintiffs in administrative public interest litigation has always been the key to this system development.Allowing social organizations and citizens to have the right to prosecute administrative public interest litigation will be of great benefit to breaking the situation of single-handed and difficult support faced by a single subject of procuratorial organs,and will also make the development of administrative public interest litigation in China like a tiger with wings.