On Plaintiff Qualiffication Of Administrative Litigation

As one of the foundations for judicial review procedure of administrative action, the enactment of the qualifications for plaintiff in administrative litigation should both manifest the request to protect the lawful right of citizens and organizations, and bear the responsibility to safeguard the legal operation of administrative power and to enhance the use efficiency of judicial resources. Based on this, the reasonable enactment of the qualifications for plaintiff in administrative litigation must effectively balance the contradiction of private right and public power, making the private right at weak position be able to promptly to promote the justice when encounter illegal violation in administrative action, and simultaneously guarantee the administrative order and the limited judicial resources not to fall into the mire of intemperate indiscriminate lawsuits. Regarding the relevant law of the enactment of the qualifications for plaintiff in administrative litigation in our country, there exist undeniable disputes about the inevitable legal lag caused by the subjective condition limit and the economic society's development in legislation. On the other hand, lots of factors create the condition for further development of the law for administrative proceedings plaintiff qualifications in China, which include the material base provided by the economic society's development, the accumulation of juristic theory achievement, the experience summary in the judicial practice and even the new task and the new challenge it faces, and the increasingly abundant viewpoint and the source material provided by the theory of the administrative proceedings plaintiff qualifications introduced from the western developed country in the recent years. It is both a kind of responsibility and a kind of opportunity and challenge to develop and consummate the law under the relative mature circumstance.Through the analysis about the enactment of the administrative proceedings plaintiff qualifications in China, this thesis thoroughly inspects its connotation, extension and flaw, and it also discusses the necessity and the feasibility to consummate relevant legal rule, seeking the concrete way to develop and consummate the law under the administrative government by law idea. The thesis consists of four parts.The first part generalizes the primary standard about whether the main body has the plaintiff qualifications obtains from the interpretation of several viewpoints and the correlation legal rules about the administrative proceedings plaintiff qualifications. The second part analyzes several problems about administrative proceedings plaintiff qualifications, such as existence lag, concept fuzziness and so on, from the reconsidering angle of view, it points out that the interpreting method which under the existing concept is not able to completely adapt to the demand of law advancement development, and there exists objective necessity to make effort to strength consummation of correlation law. The third part discovers that there exists theory basis and actual condition to consummate the correlated stipulation about administrative proceedings plaintiff qualifications from the perspective of the expansive theory on it.Under the premise of accurate localization for the administrative proceedings plaintiff qualifications, the fourth part proposes several aspects which should be paid attention to in the consummation of administrative proceedings plaintiff qualifications stipulation including the entity stipulation and the procedural stipulation.