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Argument On Plaintiff's Qualification Of Administrative Litigation

Posted on:2008-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H L YinFull Text:PDF
GTID:2166330302456120Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative proceedings plaintiff qualifications question directly relates the litigant rights and interests the protection degree and to the administrative action surveil lancedynamics, is one of in administrative proceedings basic questions. Because legislates is imperfect and is inconsistent to the legal article understanding, causes in the practice the ill locality to reduce the plaintiff qualifications the scope, caused many illegal administrative action to evade the judicial examination. This article will obtain from the administrative proceedings plaintiff qualifications elementary theory, is divided four parts to launch the elaboration:First part of elaboration administrative proceedings plaintiff qualifications basic theory. The plaintiff qualifications are one kind of procedural right, must have the benefit which sues. In has promulgated in the plaintiff qualifications legal nature foundation, explains the plaintiff qualifications the implication, has combed the plaintiff qualifications and the correlation concept relation and the difference, to affected the plaintiff qualifications the factor to carry on has enumerated, analyzed the plaintiff qualifications question from the concrete stratification plane. This article plaintiff qualifications concept fused "the condition to say", "the ability said" and "the benefit said" three theories, quite comprehensively carried on, the appropriate limits.The second part is the civil law system and the common law system about the administrative proceedings plaintiff qualifications comparison test inspection. First introduced the various countries to the administrative proceedings plaintiff qualifications stipulation, then the summary various countries administrative proceedings plaintiff qualifications development tendency, analyzes the enlightenment which constructs to our country administrative proceedings plaintiff qualifications. Two big legal systems although are inconsistent about the administrative proceedings plaintiff qualifications stipulation, but all in unceasingly expands the administrative proceedings plaintiff qualifications the scope, causes the more administrative action to bring into line with the judicial examination the scope.The third part of inspection our country administrative proceedings plaintiff qualifications present situation and analysis existence question. Our country administrative proceedings plaintiff qualifications experienced "have not had the standard" the time, "the legal rule standard "the time, "the administrative relative person" the time and "the legitimate rights and interests standard" the time, has the standard chaotic, the extension narrow (rights and interests scope narrow, main body is restricted in direct relative person and court examination way not correct), the type are less and so on the question. The present stage "the legitimate rights and interests" and "the formidable relations the standard coexists with the law in", carries on the comparison to the two not to be difficult to discover "legitimate rights and interests" more reasonable, "the legitimate rights and interests" and "the rights and interests" the scope and the judicial operation standard is easier to determine, in the legal formidable relations finally sums up to the benefit essential factor.The fourth part is the this article most important part and falls the foot spot, above three parts of elaboration are for discuss our country administrative proceedings plaintiff qualifications constructing. In the administrative proceedings classification foundation, separately discusses the subjective lawsuit and the objective lawsuit plaintiff qualifications. The subjective lawsuit plaintiff qualifications standard may summarize is "the rights and interests" and the causal relation two important documents. "The rights and interests" are in the legal benefit, the rights and interests have the scope. The rights and interests not only the right which explicitly stipulated including the legal article, but also includes the rights and interests which estimates based on the legal spirit and the logic. Relaxes the plaintiff qualifications the limit to be advantageous to the expansion the document scope, opens up is been advantageous the document scope to relaxes the plaintiff qualifications the limit. Our country legislates with the practice all not about the public welfare lawsuit stipulation and the attempt, our country should comply with the trends in the world establishment administration public welfare lawsuit, protects the social public interest, maintains the orders on the administrative law abjactively.
Keywords/Search Tags:Administrative Litigation, Plaintiff's Qualification, Rights and Interests, The Pulic Interest Litigation
PDF Full Text Request
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