Administrative Public Interest Litigation the Plaintiff Problem Research
|Course||Constitutional and Administrative Law|
|Keywords||Administrative public interest litigation Plaintiff qualification Administrativepublic interest litigation the plaintiff|
Administrative public interest litigation is to maintain social and public interests ensure good social order is an important legal system. Administrative public interest litigation plaintiff problem is for people who can bring administrative public interest litigation to safeguard the public interest for the purpose of the definition of the problem is an important node of administrative public welfare lawsuit system. But due to the "no interest, no lawsuit" such the bondage of the traditional litigation theory, the vast majority of the abuse of public interest litigation due to lack of the eligibility of the plaintiff and hard to get effective legal relief. In this case, the establishment of administrative public interest litigation plaintiff qualification is necessary.This paper this problem as the research object, from the basic meaning of administrative public interest litigation, to the system of plaintiff qualification in the scope and type of idea as the core point. First discusses the basic meaning of administrative public interest litigation "public interest" is how to define the problem, based on the concept of quasi and positioning to draw out the necessity of establishing administrative public welfare lawsuit system in our country and urgency, the plaintiff problem is eventually establish the administrative public interest litigation system of the precondition condition of key points. Subsequent collection of extra-territorial system of inspection as well as in the practice of law in China this year class is an administrative public interest litigation case analysis, which makes reality against social behavior are not learned that China’s current status of legislation in the field of missing effective suppression and punishment. The argument of this paper is both adequate theoretical bases above is also due to specific cases life practice thinking and summary. Concluded that the existing unreasonable conditions due to the lack of appropriate provisions in our legislation on public administrative proceedings plaintiff, a lot of such proceedings have been dismissed to end, this is not conducive to our country the process of building the rule of law, the fight against the public for the public interest to maintain the positive trend, but can not adapt to the continuous development of society as a whole spiritual civilization. The conclusion that the argument that public administrative proceedings the plaintiff qualified in the establishment of our country as well as specific types are three types of procurator organs, individual citizens and social groups. This part of the textual structure are in advance established the theoretical basis of analysis of such qualifications, combined with the status quo of China’s legal system and on this basis, and thus conclude that the institutional basis of such an administrative public interest litigation plaintiff qualification was established in China.