Research In Administrative Litigation

The plaintiff qualification of administration litigation is one of the basic problems in administration lawsuit. It makes a direct effect on the protection to the litigant's rights and the supervision to the administration behavior. At the same time it is controversial and complicated in theory and practice. Since the administration litigation system is found in our country, the research has been very weak. As a result, the legislation is not perfect and the plaintiff qualification is enlarged or narrowed improperly. So the system can not give full play to it's function. It is imperative to make a thorough inquiry into the plaintiff qualification of administration litigation. This paper begins with the basic theory of the plaintiff qualification on administration litigation and has four parts:Part one analyses the basic theory of the plaintiff qualification on administration litigation. The conception and quality and ascertain of the plaintiff qualification on administration litigation is discussed. In view of the traditional theory has a wrong idea on the plaintiff qualification, relationship between plaintiff qualification and plaintiff, limits of trials is analyzed emphatically.Part two beginning with our country's concrete practice, presents the development of the plaintiff qualification in China, discusses the drawbacks of the existing system.Part three studies the plaintiff qualification in the foreign countries. The basic condition of plaintiff qualification of four typical countries are included: America, English, Japan, France.Part four advances some advice on developing the plaintiff qualification of administration lawsuit in China. 1. renewing the concept and theory. 2. enlarging and perfecting the standard of the plaintiff qualification in subjective litigation. 3. establishing the plaintiff qualification in objective litigation. 4. perfecting the justice system.