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Study On The Plaintiff Qualification Of Administration Litigation

Posted on:2008-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:J R CaiFull Text:PDF
GTID:2166360218451153Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The plaintiff qualification is a special concept in the administration litigation, and it's an importance difference between administration litigation and other litigations. The plaintiff of the administration litigation must have the plaintiff qualification, which is a basic and premise question of the administration litigation law academic theories, and it's extremely complicated and hard to get a conclusion in the theory and practice field up to now, while it's a question that needs to reach explicit agreement and be solved urgently. The establishment of the plaintiff qualification standard is influenced by many factors such as development of democracy and the administration litigation purpose etc. Its scope size directly shows the protective degree that the administration litigation law offers to the administration relative people. In our country the research of the plaintiff qualification is weak and disorder, which causes the plaintiff qualification hard to exertive its functions in practice. So it's necessary to launch further research on the plaintiff qualification in theory. This article comprehensively uses the analysis method of history, comparison and language etc., and includes the following four parts:The first part introduces the basic theories of the plaintiff qualification, including the concept, value and the influence factors of the plaintiff qualifications, among them inquires the relation between the plaintiff qualification and the scope of case in detail.The second part investigates the provisions of other nations and region, and finds out the general development regulation of the plaintiff qualification, which provides our country with some experience on the development of plaintiff qualifications.The third part introduces the plaintiff qualification history origin and development of our country in brief, among which the article put emphasis on the comment on our current provisions.The fourth part investigates the path for the plaintiff qualification development of our country by using the theory of litigation benefit, and puts forward some improvement suggestion including retreat of the idea, the lawmaking and judicatory.
Keywords/Search Tags:administration litigation, plaintiff qualification, present situation, improvement
PDF Full Text Request
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