Establishment of Plaintiff Qualification of Administrative Public Interest Litigation in China

摘要

The public interest urgently needs guarantee of judicial remedy for it is often infringed upon in real life. With the establishment of the public interest litigation system in domestic civil field, the voice requiring for establishment of administrative public interest litigation system is louder and louder. And for this question, the first matter that needs to be settled is the plaintiff qualification, because it is the precondition for initiating administrative public interest litigation. Therefore, the plaintiff qualification is vital for establishing the litigation system of administrative public interest. In this paper, the theoretical basis of plaintiff qualification establishment of administrative public interest litigation is collected and sorted, and combining with the current legislation status and judicial practice in China, the establishing of plaintiff qualification of administrative public interest litigation is mainly discussed. And based on the above, it is proposed that, in China, the diversified model of plaintiff subject qualification containing procuratorial authority, social organizations and individual citizens shall be established. Besides, based on the diversified subjects of plaintiff qualification, it is recommended that the priority of the subjects shall be established while prosecuting litigation.