Research In Administrative Litigation

This paper has three parts with over 46,000 words, analyzing the topic of plaintiff qualification of administration lawsuit.The first part: the general speaking of plaintiff qualification of administration lawsuit. On the basis of analyzing various viewpoints concerned, the conception and constitution parts of plaintiff qualification of administration lawsuit are discussed. Relationship between plaintiff qualification and accuser, accusation condition, plaintiff and plaintiff status are analyzed comparatively. Then condition mechanism and function of plaintiff qualification of administration lawsuit are probed. The second part: study on foreign plaintiff qualification of administration lawsuit. The basic condition of plaintiff qualification of administration lawsuit of four typical countries are introduced: France, America, England and Japan.The third part: the development, present situation and perfection of plaintiff qualification of administration lawsuit in China. Firstly three historical stages of plaintiff qualification of administration lawsuit in China are introduced: no plaintiff qualification, no unified standard, unified standard. According to the legislation, judicial interpretation and various interaction factors of plaintiff qualification of administration lawsuit in China, this paper reveals the present situation of plaintiff qualification of administration lawsuit in China and summarizes concrete determination criterion. Then several special questions on plaintiff qualification of administration lawsuit in China, such as victim, neighborhood right body, equity competition body, other organizations, land users of countryside as well as transfer and accepter of plaintiff qualification are analyzed in detail. At last three aspects of developing and perfecting plaintiff qualification of administration lawsuit in China are discussed: reduction of legislation limitation, removal of restriction on exertion of plaintiff qualification as well as establishment of commonweal lawsuit.