On The Perfection Of The System Of Plaintiff 's Qualification In Administrative Litigation

Plaintiff qualifications in administrative proceedings is directly related to the degree of protection of the rights and interests of the parties and the supervision of the administrative behavior, is one of the basic problems in administrative litigation, the importance of self-evident. The plaintiff’s qualification of administrative litigation law is a controversial and complex issue in theory and practice. Because of the plaintiff’s qualification of administrative proceedings and the interests of the community as well as the goal and the value orientation of administrative litigation, so it is easy with the change of these factors change, in practice it is often uncertain. China’s administrative litigation system has been established, the research on plaintiff qualification and its content is relatively weak, and controversial, which also brought the imperfect legislation and judicial practice of improper to expand or narrow the scope of plaintiff qualification and other issues, and then make the administrative litigation plaintiff qualification and the function of play hard to get. Therefore, further research and Discussion on the qualification of plaintiff in administrative litigation in theory, it is necessary to.In this paper, through the analysis of the premise of plaintiff qualification in administrative litigation concept, nature, combined with the domestic and international standard of administrative litigation plaintiff qualification of plaintiff qualification in administrative litigation, system of perfect put forward some suggestions, in order to improve the system of plaintiff qualification in administrative litigation. Besides the preface and conclusion, is divided into four parts.The first part: the overview of the plaintiff’s qualification of administrative proceedings. The concept, nature of the plaintiff qualification of administrative litigation, the plaintiff qualification of the related concepts and the relationship between plaintiff qualification and the prosecution condition, standard, function and value of the plaintiff’s qualification of plaintiff’s qualification of administrative proceedings, as well as in the different stages of the development of our country and standards.The second part: the present situation of plaintiff qualification in administrative litigation in China and the existing problems. The use of elements should have the qualification of plaintiff in administrative litigation in our country and in judicial practice. In the analysis of the current condition of the plaintiff qualification and application. At the same time, together with the analysis of the shortcomings of the plaintiff’s qualification in administrative litigation.The third part: in western countries, Britain, France, Germany American, Japan’s administrative litigation plaintiff qualification criteria are introduced, summarizes the common features of foreign countries, the standard of judgment in administrative litigation plaintiff qualification development trend, as well as to the construction of our Administration Litigation Plaintiff Qualifications Standard enlightenment.The fourth part: put forward specific proposals to improve China’s system of plaintiff qualification in administrative litigation. The author thinks that the method of "the qualification of plaintiff in administrative litigation interest" standard, the main elements and the elements of the results, there are still some problems and deficiencies. In view of the existing problems, and puts forward some opinions and suggestions of their own, hoping to achieve the legitimate rights and interests of the parties to timely protection of the law, and administrative activities of administrative subject specification, and correct the illegal administrative acts, to protect the smooth progress of the socialist rule of law to.