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A Study On The Plaintiff Qualification In Administrative Litigation

Posted on:2007-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L H ShenFull Text:PDF
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The plaintiff qualification in administrative Lawsuit is a fundamental issue of administrative litigation which directly relates to the protection of litigant's rights and the Supervision of administrative activities .It is also a very complicated issue of controversy theoretically and practically .Because the qualification of plaintiff reflects the relationship between the executive power and judicial power ,the private interest and social interest, at the same time, it turns to be a kind of interpretation of the aim and value of administration law, the change of the above elements greatly influence the plaintiff qualification and make it in a state of uncertainty.Since the foundation of the administration litigation system, the research on the plaintiff qualification remains inadequate, as a result, the relative legislation is far from perfect. The scope of plaintiff is enlarged or narrowed improperly. It is really necessary to conduct a further study on the plaintiff qualification. This paper is divided into 4 parts besides the preface and summary, altogether 33000 words. The first part contains general discussion of the plaintiff qualification, including the concept, function and value of it, together with comparisons with the requirements and scope of administrative lawsuit.The second part, the author focuses on the introduction of relevant legislations of U.S. Japan , Great Britain, Germany and France with the summarization of common aspects and trends of them and the instruction thereof for Chinese legislation.The Third part: beginning with the review of legal practices and theoretical development of plaintiff qualification in China, the author gives a detailed analysis on the Theory of Lawful Rights, Theory of Legal Interests and Theory of Actual Influence, and points out that these theories are on common ground. Furthermore, the author puts forwards the concrete elements that constitute the plaintiff qualification, i.e. subject, Lawful interest, damages and causation.In the fourth part, the author points out the trend of classification in the plaintiff qualification and discusses the most controversial issues about the plaintiff qualification of neighborhood, competitor, the injured party and creditor.
Keywords/Search Tags:Administrative litigation, Plaintiff qualification, criterion
PDF Full Text Request
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