Research On Administration Litigation Plaintiff Qualification

The purpose of this thesis is to supply feasible legislation suggestion with national Administration Litigation Plaintiff Qualification system. Withal National Administration Litigation Plaintiff Qualification system for kernel, and analyses abroad Administration Litigation Plaintiff Qualification theory and legislative foundation,the author draws the conclusion of the legislative logos of the national Administration Litigation Plaintiff Qualification system, and gives legislation suggestion. The full text is divided into four chapters:Chapter one discusses the intension and value of the Administration Litigation Plaintiff Qualification.Firstly, it is "genera human" 'factor that the author educes Plaintiff Qualification from the anatomy of the two elements of legal Qualification versus plaintiff qualification intension, which are "genera human" and "genera affair". Secondly, with the comparison of theory of the Civil Litigation Plaintiff and the Administration Litigation Plaintiff Qualification, the conclusion can be drawn out that the research on Administration Litigation Plaintiff Qualification must base on the Administration Litigation legal relationship itself instead of the spread of the civil litigation plaintiff theory. Thirdly, the kinetic equilibrium proceed analyses, indicates clearly administrative proceedings plaintiff qualification interior deeply level subaltern problem,penman lines composition certain administrative aspects of government lawsuit plaintiff qualification theory itself particular value very station involved with "right" and "power". At last, administrative proceedings plaintiff intension are all in focus that the boundary of administrative proceedings plaintiff qualification, plaintiff, prosecute conditions are extremely clear.Chapter two analyses the evolution, development and trend clearly both here and abroad administrative proceedings plaintiff qualification from the comparison angle.First of all,penman compares administrative proceedings plaintiff qualification of France, Germany, Japan, Britain, American,analyses the three stages which are primary ,development and maturity clearly abroad legislation, then summarizes out clearly allied nations administrative proceedings plaintiff qualification developmental trend. Foremost, with the general trend, the flexible legislation of most western countries provides a lot of space for justice, as it could facilitate the justice regardless of truth background or law background .Moreover,in the purpose of telling the meaning of the interest of citizen and the interest of public, classification, limitation and analysis are based on the different modes of administrative proceedings.Secondly, Penman numbered national administrative proceedings plaintiff qualification develop into three phases,namely "without plaintiff qualification time", "without agreed standard time", "relatively agreed standard time",combines introduction raise know clearly "A.P.A." beta two strip "thought", "lawful rights and interests", "concretion administrative behavior" 'lodge oppugn, point out the difference on theory and practice between"lawful rights and interests standard"in"A.P.A."beta two strip and"jural interest standard"in"the supreme people's court about execute the people's republic of China A.P.A."twelfth strip.Chapter three discusses the administrative proceedings plaintiff qualification cognizance standard,the author disapproves the one thought that we should entirely overthrew the existent system, on the contrary ,suggested that we dig the latent energy of existent system as far as possible. Lay it on side on rule, unified understanding,put scientific, unified, definite administrative proceedings plaintiff qualification cognizance standard, at the same time, leave necessary space on judiciary.Firstly, the incompatible enlarged viewpoint on"legally interest"and"legitimate interests"is removed by the author, instead, we describe the comprehension by legislation logos angle, legislation early and late logos, and cognizance main body angle."Lawful rights and interests standard"be different from"jural interest standard"essentially none too contradiction, differentiate consist versus cognizance plaintiff qualification main body predicative angle for. It was withal complainant by way of cognizance plaintiff qualification main body,from shield claim based on lack of conformity of the goods angle look on administrative proceedings plaintiff qualification cognizance standard of"legitimate interests"standard. It was withal court by way of cognizance administrative proceedings plaintiff qualification standard main body, from jurisdiction intervention executive authority scale whereas character of"jural interest". Either"jural interest"respond comprehend for law ought to protective interest or equity,I.E. legal norm by no means definitude provision not grant protective benefit. The eliminate gender norm for rely on,but basic approach"lawful rights and interests"category from such benefit although withal legal norm. In order to unify ,penman set"lawful rights and interests"standard more scientific and accurate, the range of"lawful rights and interests"ought to include vested right and benefit not prohibited by law, immediate interest and oblique benefit, self-interest and public interest.Secondly the relationship of the plaintiff qualification should be recognized correctly. There are no content or premise between the plaintiff qualification and the scope of the litigation, on the counterpart , it is supposed to be a sort of each other for varied logical relationship. The legislation mode should adopt generalize fashioned mode give priority to,withal limitary eliminate type number for complement.Thirdly, abstraction administrative behavior ought to bring under judicial review scope,in this way as well as in favor of jurisdiction line composition regime. It is sure that administrative behavior and lawful rights and interests affected presence causality .As for causality, it was direct just the same oblique none too importance,it is important that administrative behavior whether presence or lawful rights ,and interests whether came under the influence of tenable administrative behavior. So long as administrative behavior and lawful rights and interests affected presence, causality exists.Chapter four, it is given that legislation logos and legislation advice on national Administration Litigation Plaintiff Qualification system.Firstly, it is the purpose logic that the premise of national Administration Litigation Plaintiff Qualification system, which is from the reality to the theory.Secondly, the author makes the proposal for the amendment of the legislation. Foremost, we ought make amendment of whatsoever nature legislation, amend "A.P.A." beta two strip into two sections in order to bring in the concept of Private Party, and separate the description of subjectivity lawsuit and objectivity lawsuit. Moreover, change"concrete administrative behavior"into"administrative behavior", put the abstract administrative behavior into the litigation scope, adopt generalize type and definitude eliminate type legislation mode, unify"lawful rights and interests"and"jural interest". The third ,we should establish the commonweal lawsuit system withal administration public prosecution and mob lawsuit for two bracket .The fourth, according to flexible judicial precedent and interpretation, establish administrative proceedings plaintiff qualification justice dimensionality. The fifth, erect administrative proceedings summary procedure,conform to administrative proceedings plaintiff qualification cognizance standard without intermission relax trend , bump lawsuit efficiency and economy the cost of the lawsuit.