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Analysis About The Plaintiff's Qualification Of Administrative Litigation Law

Posted on:2006-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2166360155475153Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since Administrative Litigation Law was issued in 1989, the administrative litigation system that "the common people indict the government" has appeared for the first time in our country's history. So, "a milestone in process governed by law" (Professor Luo Haocai's language) has offered the law weapon contending with strong administrative power to ordinary citizen. However, we have to understand that regrettably: Still there are some defects and deficiencies in our country's current Administrative Litigation Law system, for example, the Plaintiff's qualification of administrative litigation law which is very important to the setting-up and operating of the system of administrative litigation law has not appeared in our country's current administrative litigation law, some present scholars of our country do not seem very willing to do more in this field. So,in order to do something for the theory of the plaintiff's qualification of administrative litigation law, author have analyzed and studied the qualification of plaintiff of administrative litigation in the article . In first part, author analyses the definition , nature , and its importance of the plaintiff's qualification of administrative litigation law, and put forward his own view combining the present social and economic current situation of the development of our country: the plaintiff's qualification of administrative litigation law refers to, when the administrative behavior of administrative subject will infringe upon or must infringe upon or infringe upon very possibly in the future the legitimate interests of citizen, legal person and other organizations, in order to safeguard one's own legitimate interests, citizen, legal person and other organizations should be entrust to the right prosecuting the administrative subject. Here the legal person and other organizations include the administrative subject; because the administrative subject can bear legal liability independently, and have the qualification of legal personality. In the second part, author has analyzed the current situation, defects, reason of the plaintiff of current administrative litigation law of our country, and the necessity perfecting plaintiff's qualification system of administrative litigation law. In the third part according to the concrete national conditions of our country, author carry on some research and discussion about setting up the standard of administrative litigation plaintiff's qualification on the basis of analyzing and drawing lessons from the standard of the plaintiff's qualification of administrative litigation law which has already existed, in order to give contributions to the theory of administrative litigation law of our country.
Keywords/Search Tags:Plaintiff's qualification of administrative litigation law, Scope of accepting cases of administrative litigation, the standard of administrative litigation plaintiff's qualification
PDF Full Text Request
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