Research On Qualification Of Plaintiff In Administrative Litigationin China

Qualification of plaintiff in administrative litigation is a very important issue in the administrative litigation plaintiff theory. However, in the traditional theory, because concept of plaintiff qualification in administrative litigation is not distinguished clearly and the meaning is not defined correctly, qualification of plaintiff in administrative litigation and right of administrative litigation, condition for acceptance or suitability of plaintiff are mixed up, which causes mess to research on plaintiff theory of administrative litigation and the definition of qualification of plaintiff in administrative litigation in practice. The thesis is trying to build on theory of administrative law and administrative procedural law, conduct theoretical research and judicial practical analysis on this issue in five chapters.Chapter 1 Overview on plaintiff qualification in administrative litigation. This chapter mainly defines plaintiff qualification in administrative litigation and distinguishes and correlates the nature, plaintiff qualification in administrative litigation and relevant concepts and analyses and reviews the limitation conditions of plaintiff qualification in administrative litigation, analyses briefly the constraining elements of plaintiff qualification in administrative litigation, and provides theoretical basis for reconstructing the system of plaintiff qualification in administrative litigation in China.Chapter 2 Historical examination to plaintiff qualification in administrative litigation. This chapter examines the being, development and changing of plaintiff qualification in administrative litigation in China including Hong Kong and Taiwan, in different periods in the history from a historical perspective to understand andanalyze the influences that the cultural background of traditional law of plaintiff qualification system in administrative litigation in China has on reconstructing the plaintiff qualification system in administrative litigation in China.Chapter 3 Comparative research on plaintiff qualification in administrative litigation. Through investigating the theory of plaintiff qualification in administrative litigation in five eastern and western countries including US, France, UK, Japan and German, the chapter analyzes the characteristics and joint development trend of each country, providing some experience and methods which can be used as reference for reconstructing the plaintiff qualification system in administrative litigation in China .Chapter 4 Current situation, problems of and reasons for plaintiff qualification in administrative litigation in China. Through analyzingproblems of understanding and defining the plaintiff qualification in administrative litigation in judicial practice and the unclear stipulation on the current legal regulation of administrative procedural law in China and objectively analyzing the reasons for these problems, the chapter provides practical evidence for reconstructing the plaintiff qualification system in administrative litigation in China.Chapter 5 Reconstructing the plaintiff qualification system in administrative litigation in China. Through analyzing the necessity and feasibility of reconstructing the plaintiff qualification system in administrative litigation in China, the chapter provides guidelines and concrete suggestions on legislation of plaintiff qualification system in administrative litigation in China and raises my own views on some special plaintiff qualification identification in judicial practice.