Study On The Plaintiff Qualification Of Administrative Public Interest Litigation

With the rapid development of society and the society of the rule of law, the traditionallaw theories to solve all kinds of new social contradictions appear more and more loopholes,the various departments of law began to reform the traditional law theory in order to adapt tothe current requirements of society. In recent years, the administrative law circles more andmore scholars begin to establish the administrative public interest litigation system call is inresponse to the requirements of the times. To the construction of administrative public interestlitigation is inseparable from the establishment of the plaintiff qualification of the litigationtypes.Firstly, by analyzing the reasons for losing a popular case, leads to the importance andnecessity of establishment of the plaintiff qualification of administrative public welfarelawsuit; then the administrative public interest litigation, the parties proper theory generationand development based on the introduction to clarify, intention to establish the administrativepublic interest litigation, plaintiff qualification theory basis to expand the scope ofadministrative litigation. The third part of the article is combined with the reality of China’ssocial environment analysis to establish the plaintiff qualification of administrative publicwelfare lawsuit value, which is intended to determine the plaintiff qualification ofadministrative public welfare lawsuit is not only in conformity with the spirit of the rule oflaw to clarify, but also meet the requirements for the construction of rule of law in china. Thefourth part, the author introduces the United Kingdom and the United States, Japan andFrance " the administrative public interest litigation " related system, aims to analyze theirexperience to find some useful ideas for the construction of administrative public interestlitigation system in china. The last part of the article, in view of the administrative publicwelfare lawsuit in our country is not a practical system, the author unifies our country’s actualsituation, in the establishment of the plaintiff qualification of administrative public interestlitigation system in our country put forward their own ideas, in order to get the best way tosolve the practical problems.