On The Plaintiff Qualifications Of Administrative Proceedings

The plaintiff qualification of administrative proceedings is extremely complex and difficult to get conclusion both in theory and practice in the Chinese and foreign field. It is also urgent to solve this problem as the basic of the whole administrative proceedings. This article takes the existing rule of plaintiff qualifications in administrative proceedings as the starting point. Combining the stipulation and procedure of forign countries and Taiwan area of our country, this paper has discussed the general standard of plaintiff qualifications and has analyzed it on the certain degree. Finally this paper proposes theroughly the development direction and the way to its consummation.First part, elementary theory of plaintiff qualifications of administrative proceedings. This part makes the brief analysis to the concept of plaintiff qualifications and its relation and the difference with the correlation concept. The plaintiff qualifications of administrative proceedings refers that some person or the organization can prove it has the different relations with the concrete administrative action, has the special formidable relations, namely it has the the qualifications to start the administrative proceedings.Second part, Historical inspection of our plaintiffqualifications in administrative proceedings. Our plaintiff qualifications in administrative proceedings have experienced four stages: 1st, "no legal standard" from 1949 to 1982; 2nd, "has legal standard" from 1982 to1990; 3rd, "the relative person's legitimate rights and interests standard" from the implemention of Administrative Procedural law in 1990 to March 8th, 2000; 4th, "legal formidable relations standard" from March 8th, 2000 till now. The third part, analysis of the present situation of our plaintiff qualifications in administrative proceedings. This part first introduces the present regulations of our plaintiff qualifications in administrative proceedings. Then it indicates the main problem of the present regulations, including not fully protecting litigant's administrative lawsuit right, confusing "the plaintiff qualifications" with the prosecution condition, not clear about"the legal formidable relations"and so on.The fourth part, stipulation and development tendency of plaintiff qualifications of the administrative proceedings outside our conutry. This part introduces the present regulations and development tendency of the plaintiff qualifications in administrative proceedings of the main countries of mainland legal system and English America legal system and our Taiwan area. Also this paper gives the comparative analysis to plaintiff qualifications in administrative proceedings of outside territory. Plaintiff qualifications in administrative proceedings of various countries present the historical tendency which is continuing enlarged. Standard of plaintiff qualifications gradually tends to be consistent. The function of individual relief and of compensating the leaks ofadministrative proceedings appears day by day.The fifth part, reconstruction of plaintiff qualifications in our administrative proceedings. On the basis of the above analysis, this paper puts forward several factors and several concrete plans which should be consedered in the process of reconstrucing plaintiff qualifications, including the standard of concrete benefit which determines the benefit of the lawsuit, entrusting administrative organs with the lawsuit plaintiff qualifications, increasing shift and withstanding system of plaintiff qualifications in administrative proceedings, enforcing legal effect of judicature precedent and how to make sure the plaintiff qualifications in administrative proceedings under severalspeculiar circumstances.