Research On Citizen Plaintiff Qualification Of Administrative Public Interest Litigation

In the study of the theory and practice of the administrative public interest litigation system,it is found that the procuratorial organ,as the main body of the prosecution of public interest litigation system,there are some prominent problems,such as the narrow channels of obtaining case clues,the weak supervision,the dispute of status of procuratorial organ,etc.At present,the diversification of plaintiff qualifications has become a common trend in the development of administrative law of various countries.The scope of plaintiff qualifications has been expanded from procuratorial organs to individual citizens,which fully reflects the necessity of broadening plaintiff qualifications.Based on the research on the theoretical basis and practical basis of the citizen plaintiff’s qualification and combining with the practical experience of other countries,the paper concludes that the expansion of the plaintiff’s subject of administrative public interest litigation in our country,the empowerment of citizen plaintiff’s qualification has theoretical and practical significance,which contributes to the development and improvement of administrative public interest litigation system in our country,and provides strong support for the maintenance of social public interest.This paper mainly conducts in-depth research and analysis based on the plaintiff qualification of citizens in administrative public interest litigation,including the following five aspects: First,from the perspective of theoretical thinking as the entry point,mainly from the concept and theoretical basis.Public interest litigation,administrative public interest litigation and plaintiff qualifications are summarized,and then the theory of litigation right,public trust theory and other theories as an important theoretical basis for the demonstration of their legitimacy has brought a firm theoretical support;Secondly,it analyzes the concrete condition and shortcomings of prosecution by procuratorial organ in light of our current legislative situation.From the analysis of typical cases to understand the current subject in the judicial practice of the dilemma;Thirdly,this paper analyzes the shortcomings of Chinese administrative public interest litigation,and puts forward some practical problems due to the lack of prosecution qualification in this kind of litigation.Fourthly,from the perspective of judicial practice,it analyzes the necessity and feasibility of giving citizens the plaintiff qualification in administrative public interest litigation.Fifth,according to the previous content,put forward the construction of Chinese citizens to bring administrative public interest litigation suggestions.In this part,starting with the system construction of citizens’ filing of administrative public interest litigation,the restriction mechanism of citizens’ filing of administrative public interest litigation,and the reward and guarantee mechanism of citizens’ filing of administrative public interest litigation,the effective path of granting citizen plaintiff qualification is explored,and feasible suggestions are put forward from the legislative and judicial perspectives.In this way,we hope to better safeguard the public interests of the state and society and create a better legal environment.