The Plaintiff's Qualification Of Administrative Proceedings

The plaintiff's qualification of administrative proceedings is one of the fundamental problems in Chinese administrative proceedings system. Since " Administrative Proceedings Law of People's Republic of China" was put in force ten years ago, the plaintiff's qualifications of administrative proceedings has been highlighted as a hot and difficult problem in the Chinese administrative law theory. As the enrichment and development of administrative adjudgement practice, theorists have constantly gone deep into research and dispute about the plaintiff's qualifications of administrative proceedings.This thesis mainly starts with the regulations of "Administrative Proceedings Law of People's Republic of China" and the relevant judicial explanations, making research on the basic contents, such as connotations and constitutive elements of the plaintiff's qualification of administrative proceedings. It analyzes several clear kinds of plaintiff's qualification of administrative proceedings in the administrative judicial practice by means of surveying the law's transitional history of plaintiff's qualification of administrative proceedings, reveals its present situation and puts forward some corresponding suggestions in the hope of improving the plaintiff's qualification of administrative proceedings theory and promoting rapid development of administrative proceedings practice.The plaintiff's qualification of administrative proceedings is an essential prerequisite that enables citizens, corporation or other organizations to be the plaintiff of administrative proceedings. It means that the citizens, corporation or other organizations that are incumbent to the right and responsibility of administrative law independently should have a concern with the administrative action which arouses administrative dispute in the case scope. It chiefly solves the person and his qualification to institute administrative proceedingss. The plaintiff's qualification of administrative proceedings is only one of the conditions of instituting proceedings, but has no direct relation with the proceedings request itself. The administrative proceedings's case scope is the premise of the plaintiff's qualification of administrative proceedings, whose central task is the concern of the plaintiff and the administrative action being sued. It brings forward the constitutive elements of the plaintiff's qualification of administrative proceedings by means of analyzing the litigant subject and the object: First, the citizens, corporation or other organizations should regard their legitimate rights and interests infringed. Second, there should be detailed administrative action that deserves the proceedings, and the third is that the detailed administrative action that deserves the proceedings should have should have a concern with the plaintiff.Administrative proceedings system hasn't kept unchangeable since it was put into force, and it is changing all the time with the ongoing society. "The plaintiff's qualification changes faster than any other aspect in the administrative law." The change of its standard reflects the developing trend of the whole administrative proceedings system. Take Britain, America and Taiwan area of China for example; Let's survey the strict to loose developing course of plaintiff's qualification of modern administrative proceedings. The regulations of plaintiff's qualification in those countries (including regions) developed from strict limitation to almost no limitation, and experienced a trace from strictness to looseness, from restriction to encouragement in a certain sense. The necessary functions in administrative proceedings system have improved fully. The changes of plaintiff's qualification of administrative proceedings mainly embody in two aspects. One is the subjective proceedings, which means the plaintiff's qualification got enlarged when claiming his own rights and interests. Anyone who is affected by the administrative action is qualified to institute administrative proceedings and p...