| The twelfth Article in judicial explanation of China's Administrative Procedure Law refers to but not determining exactly the scope of"legal interest relations", and relevant judicial explanations don't make further explanations as well. Although the scope of"legal interest relations"is the focus of the administrative law study, discrepancies arising from comprehension and rational judging standard of the concept are far from ended. On the other hand, the scope of legal interest relations is not only provided in laws, but also determined by judges'interpretation of such laws and regulations.Whereas, this thesis adopts a positivism method to classify and analyze the cases in connection with legal interest relations for disclosing the true attitudes and skills exercised by judges in reviewing such cases. This thesis is helpful to improve the understanding between judges and scholars.This thesis generates two main innovations as follows: (1) in judicial practice the basis on which judges certify validity of legal interest relations is whether the non-counterpart's legal relationships is interfered with by specific administrative action or not. If interfered, the specific administrative action will have legal interest relations with the non-counterpart, not the contrary. That is the theory of interference with legal relationships. (2) the interference with non-counterpart's legal relationships by specific administrative action can be summarized the conversion of the six areas as specific administrative action generates the legal relationships, specific administrative action hinders occurrences of the legal relationships, specific administrative action influences content of the legal relationships, specific administrative action brings death to the legal relationships, specific administrative action denies existence of the legal relationships, specific administrative action causes continuous existence of the legal relationships. |
