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The Dispute Of The Administrative Litigation Plaintiff's Qualification And Its Recognition

Posted on:2009-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
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The administrative litigation plaintiff's qualification is the basic problem of the whole administrative litigation. As the threshold of the administrative litigation, it has the direct relationship with the efficient remedy of the opposite and the relative's rights, it relates that if the sue rights are abused, whether the administrative efficiency will suffer the negative effect, it also relates to whether the whole course of the litigation can go on smoothly. In the theory of the administrative litigation and its real practice, how to recognize the plaintiff's qualification is a complicated and controversial question. Besides the administration law and its relative explanation don't give an exact statement, even the statutes have problems themselves. All these make the issue discussing and mobility. There are already so many books and articles discussing the administrative litigation plaintiff's qualification theoretically. But you can rarely find one that describes the real situation in which way the judges act. This fact causes the loss of the useful material for the research on it, and causes the theory can not go further. This thesis adopts a positivism method to classify and analyze the cases in connection with the administrative litigation plaintiff's qualification for disclosing the true attitudes and skills exercised by judges in reviewing such cases. And try to give a whole view of the recognition of this kind of disputes, try to find the common element and the regular trend, try to make the issue in concrete by classifying, all this make the different cases have more lively characters.The writer states, only the diversity can make the settlement of the plaintiff's qualification more significant to our life. By the compare of the disputes on its character,the appeal of the plaintiff and the type of the judgment, to integrate,classify disputes according to their common character and treat them in different way , make the standard of the plaintiff's qualification and the conclusion of the judge more obvious. On the other hand, the convenience of the recognition of the plaintiff's qualification can save the court more time and money. In this article, the writer classify the dispute in two main type—"the opposite"and"the relative". The criterion of this classification is the scope of the plaintiff's qualification. On the basic of the analysis of the court decisions, the writer states the reasons of the recognition of the dispute and the main factors the judge considers in detail. I hope this article can do a favor to the opposite for providing a criterion they can follow to see if they can have the plaintiff's qualification, so as to save them the unnecessary cost, and release their emotion of dissatisfaction. At the same time, the judge can settle the disputes more properly; there will be a united criterion here and there for the judge to apply, so that the law can be carried out in a better way. On the other hand, I hope this article can invite more people to value the importance of the Administrative legal precedents. Thanks to their effect, the theory of the plaintiff's qualification can develop so quickly in a changeful society.
Keywords/Search Tags:plaintiff's qualification, type of the plaintiff's qualification, recognition of the plaintiff's qualification
PDF Full Text Request
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