On The Plaintiff's Qualification In Administrative Litigation

Administrative litigation plaintiff means citizen, legal person or other organization who thinks concrete administration's behavior of the administrative apartment infringes their legitimate rights and interests, brings a suit before people's court in one's own name in accordance with the law. The administrative litigation plaintiff's qualification points the identity condition that can make the citizen, legal person or other organization bring up the administrative litigation and become the administrative litigation plaintiff, when they defy the administrational behavior. It not only restricts the right of litigation, but also protects it. On one hand, it makes the person without the qualification outside the judicatory interview and prevents too much litigation, on the other hand, it makes the person with the qualification start the procedure of the administrative litigation to protect the legal rights. The scope of the administrative litigation plaintiff's qualification shows the degree in which the judicial power restricts the administrational power and guarantees the citizen rights.Qualification plaintiff of administrative litigation is the basic problem of the whole administrative litigation. It concerns the rights and interests of administration relative people and other citizens, and concerns if or not citizen, legal person or other organization can protect their rights and interests via lawsuit. The legal meaning of studying the qualification of plaintiff in administrative litigation, lies in perfecting political system and power structure of country; making regulation and judicial authority of plaintiff's qualification in administrative litigation adapt administration judicial state of the country, improving people's legal consciousness, promoting administration to be developed to the scientific respect, Coordinate the relation of individual interests, social interests, benefit of the country.The article is constituted by four parts, and the main contents are following: The first part is the brief introduction of the administrative litigation plaintiff's qualification. This part includes two contents: The first, the connotation of the qualifications of the administrative litigation plaintiff and it's comprehension explains what is the administrative litigation plaintiff's qualification. In this article, the author studies from the fundamental theory, dealing with the basic concept of the plaintiff'squalification in the administrative litigation. The only key element of plaintiff's qualification is if the person concerning interests has enough interests to start judicial process. The author distinguishes some similar performance, thus understands the concept and intension of plaintiff's qualification of administrative litigation correctly. And propose clearly that" law relation " is the key content. The second, the value of the administrative litigation plaintiff's qualification, this explains why the administrative litigation plaintiff's qualification exists.The second part is the foreign country's provision and characteristics of developing trend of the administrative litigation plaintiff's qualification. In this part, the writer first introduces the provision in the foreign country, then comes to the characteristics of the developing trend of the administrative litigation plaintiff's qualification. The author quotes the theory and practice of the plaintiff's qualification in France, German, the United States, Japan, England, Taiwan and other countries or districts, which shows that the universal tendency of the plaintiff's qualification is to gradually broaden and unify it in accordance with the political, economic conditions and legal system.The third part is the evolution and current law provision of our country's administrative litigation plaintiff's qualification and the problems that exist in our country's administrative litigation plaintiff's qualification system. First, the writer introduces the evolution of our country's administrative litigation plaintiff's qualification: from nonstandard, law providing standard, legal rights standard to law relation standard. Then, the writer explains the current law provision concerning our country's administrative litigation plaintiff's qualification, this part points out the following problems: one is the standard to define the administration litigation plaintiff's qualifications is not clear and definite, primarily "law relation" having not been clearly defined, the other is the scope of the administrative litigation plaintiff's qualification is narrow, the scope of the legal rights which the administrative litigation plaintiff's qualification system can protect only includes the personal rights, property rights and the rights that the law clearly provides and one can not have the plaintiff's qualification unless the interest of himself is violated ,lacking the administrative public interest litigation. This part tells about the developing phasesunder our country, which shows that investigation on the theory goes deeper. With the advance and development of the society, especially, after China entering WTO, citizens require democracy and rule of law stronger. In our country, the limitations of the plaintiff's qualification are too strict. These are bad for citizens to exercise constitutional authority and hider the realization of the goal of administration according to law. They also increasingly show the conflict of disaccord with the constitutional tendency of the world. To join the currency of the international modernization of the administrative lawsuit law, plaintiff's qualification should be given more to the correlative person.This fourth part of the text gives a brief account of how to perfect administrative litigation plaintiff's qualification in our country, points out that plaintiff's qualification standard of administrative litigation is too strict. Administrative litigation protects the rights and interests type narrowly, and legislative restricts plaintiff's qualification excessively. The traditional procedures require the complainant to have direct interest in the dispute. When the public interest is infringed, the individuals are not in direct connection with public interest, so their qualifications as the plaintiff is not admitted. Thus, a citizen may not seek judicial remedy. This part suggests perfecting private benefit administrative litigation plaintiff's qualification which has existed defining "law relation" standard, extending the scope of the legal rights. China should establish the administrative public interest litigation, giving the social group, investigation organization and citizen the qualifications of public interest litigation plaintiff, and the administrative public prosecution system should be established. In this part, the author also gives an analysis of transformation order of plaintiff's qualification and plaintiff's qualification transformation when citizen's freedom is restricted, which current regulation neglect. And a system to solve the disputes between administrative departments should be established.