An Analysis Of The Subject Qualification Of The Third Party In Administrative Public Interest Litigation In Judicial Practice

The administrative public interest litigation system is a top-level design proposed to promote the modernization of the national governance system and governance capacity,and it is a new thing to explore power constraints and power supervision.Study and judge the development trend of the subject qualification of the third party in administrative public interest litigation in judicial practice,deepen the legal status of the third party in administrative public interest litigation,supervise the law enforcement of administrative organs,prevent the abuse of power and the breeding of corruption,optimize the allocation of judicial powers,and promote the construction of a government ruled by law has a special meaning.In the face of legislative lag and system gap,the third party in administrative public interest litigation has taken the lead in judicial practice.Vivid and rich judicial cases have accumulated practical experience for the development of the third party in administrative public interest litigation.At present,some people in the theoretical and practical circles hold a negative attitude towards the identification of the subject qualification of the third party in administrative public interest litigation.Although the third party in administrative public interest litigation has taken the lead in judicial practice,due to the lag in legislation,different courts in my country currently have different understandings of the necessity of the third party participating in administrative public interest litigation;The standards for determining subject qualifications vary,resulting in confusion in the types of third party subjects in administrative public interest litigation.The main disputes in judicial practice focus on the dispute over the subject qualification of the third party in administrative public interest litigation,the dispute over the identification standards of the third party in administrative public interest litigation,and the dispute between administrative agencies as the third party in administrative public interest litigation.To get out of the above dilemma and improve the administrative public interest litigation system with Chinese characteristics,it should be based on the characteristics of local administrative public interest litigation in my country,and in the context of objective administrative public interest litigation,clarify the legal status of the third party in administrative public interest litigation Criteria for recognition,clarifying the legal status of administrative organs in administrative public interest litigation.