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The Study to the Plaintiff’s Qualification of Administrative Public Interest Litigation in China

Author: AnHeHong
Tutor: NianFuQiang
School: Northwest University for Nationalities
Course: Constitutional and Administrative Law
Keywords: Public interest Public Interest Litigation Administrative Public Interest Litigation Administrative Public Interest Litigation Plaintiff Qualification
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 1
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Abstract

In recent years, along with the accelerating process of social development, real life ongoing phenomenon detrimental to the public interest, public interest litigation system has begun to enter the line of sight of ordinary citizens and law researchers, especially administrative public interest litigation system has become China's theory and judicial practice are concerned about a hot topic. Administrative act of the Administrative Procedure Law only stipulates that illegal administrative acts against personal interests can bring an administrative lawsuit, illegal administrative acts against the public interest, the specific provisions of the law, which led to a large number of infringement of the public interest was less than legal sanctions, it can be said that the defects of the executive and the legislature. Administrative Public Interest Litigation, plaintiff qualification, not only to promote the establishment of administrative public interest litigation system, will be a significant impact on the improvement of the administrative system of jurisprudence, the promotion of the administrative organs of administration according to law, and improve the social 'rule of law, protection of the public interest, and building a socialist country ruled by law, and building a harmonious society is of special significance. As can be seen from the existing theory and judicial practice, to decide administrative public interest litigation program starts the premise that the plaintiff qualified to determine the administration of justice in cases concerning the public interest, the court mostly to prosecute without qualification of the plaintiff on the grounds the court rejected. At present, China has not established the system of administrative public interest litigation related theoretical research has just begun, there is a great difference between the theoretical and practical circles especially administrative public interest litigation plaintiff qualification. This paper studies the Administrative Public Interest Litigation Plaintiff Qualification, respectively, from a theoretical basis for analysis, as well as specific system design perspective to be elaborated. The content of this article is divided into four chapters, each part of the main points are as follows: The main content of the first chapter is an overview of the Administrative Public Interest Litigation Plaintiff Qualification. First, the author through the exposition of the meaning of public interest deduce the meaning and characteristics of public interest litigation; Second, the author via the discussion of public interest litigation leads to the concept of administrative public interest litigation, discusses the development of the theory of the formation of plaintiff qualification of administrative public interest litigation plaintiff qualifications were defined. The main content of the second chapter the extraterritorial Review of Administrative Public Interest Litigation Plaintiff Qualification. The author introduces the Administrative Public Interest Litigation Plaintiff Qualification of the common law and civil law as represented by France, Germany, Japan, China, Taiwan, the United States, the United Kingdom of theory and practice, and summarizes the Two Schools same and different points. The third chapter introduces some Analysis of Administrative Public Interest Litigation Plaintiff Qualification theoretical studies as well as the author of these theories. Our theoretical circles Administrative Public Interest Litigation Plaintiff Qualification theory and combing, and put forward some of their own ideas. The fourth chapter of Administrative Public Interest Litigation Plaintiff Qualification system design. By the preceding discussion, the author put forward their point of view: the Public Interest Litigation by the judicial and administrative authorities. The feasibility and necessity of this view are discussed and specific system design as well as the issues that need attention.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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