Research In Administrative Litigation

The qualification of plaintiff to claim judicial review to is a very key problem of administrative litigation. Administrative litigation in many countries has limited the qualification, requiring the prosecution only with plaintiffs qualification to start justice review. Therefore, it is a valuable subject to research on. However, plaintiffs qualification is also a very complicated and even difficult one that sometimes cannot be summarized and analyzed with relative theories. Because it has a close relation with plaintiff's qualification and practice and embodies a concentrated reflection of the relation between the executive power and judicial power, individual interests and social's, and even the purpose and value orientation of administrative litigation. It is apt to change with those factors. Since the system of administrative litigation was established in China, plaintiff's qualification has been to debate endlessly in theory, and not reached a census in practice. Therefore, it is extremely essential for further research.Chapter one: A summary of plaintiff's qualification of administrative litigation. This chapter analyses the concept, essence and inherent value of plaintiffs qualification of administrative litigation at first. And then, the author probes into the relation between plaintiff's qualification of administrative litigation and administrative litigation purpose, compares plaintiff's qualification and scope of accepting cases, plaintiff, condition of claim, the condition of acceptance and plaintiff's status. The author concludes that plaintiff's qualification of administrative litigation means that enjoying the lawsuit and implements right in administrative litigation is the condition that the plaintiff should possess, and the substantive condition is interests that the subject of the right of action should possess. This has established the basic standard which regards interests as plaintiff's qualification and established the prerequisite for this paper. (This is one of the innovations in this paper)Chapter two: The current situation of plaintiffs qualification standard ofadministrative litigation of our country. This chapter traces back to the historical evolution of the qualification standard of the plaintiff in our country, analyzing rationally two standards -"lawful beneficial interest" and "stake". During the process of summing up the legal provisions of qualification of plaintiff in our country, the author also carries on rational analysis and explanation to existing legal norms, drawing the existing problems in five respects of plaintiff's qualification system of administrative litigation in our country. The author concludes that all problems that exist in the system of plaintiff of our country should be due to the use of "entity's standard" to judge plaintiffs qualification. It has caused the fact that more private people in administration have no right of claiming and judicial review of entity. The judgment is unable to produce the right; the public benefit litigation is unable to start. (It is the first time that this paper sums up the crux to the problems)Chapter three: The comparative research of plaintiffs qualification of overseas administrative litigation. Through investigating the theory and practice of the administrative litigation plaintiffs qualifications of U.S.A., Great Britain, Japan, France and Taiwan of China, the author has drawn three pieces of experience that we can be used for reference. One of the most valuable is that the western countries establish the basic standard taking "interests of claim" as plaintiff's qualification one after another, during the transition from "Rights" standard towards "Interests" standard.Chapter four: Perfect plaintiff's qualification system of administrative litigation in our country. The author establishes the basic frame of system of plaintiff's qualification: the basic standard is taking interests of claim as plaintiffs qualification; the concrete plaintiff's term changes depending on different modes of administrative litigation; precedent system of administrative litigation is supplemented properly. (Most views in this chapter are innovative ones.) Since the standard "Right" must be moved towards the standard "Interests", weighing the interests is the key to the problem. And if the private party wants to be relieved by justices, the interests of claim are necessary. So we should regard interests of claim as the basic standard of plaintiffs qualification. The reason for taking interests of claim as plaintiffsqualification standard is as follows. It overcomes the drawback that the entity review in the course of prosecuting; it facilitated the administration of justice to turn into the realization of the right, it has expanded the scope of plaintiff's qualification ; channeling interests into administrative litigation can realize the purpose of administrative litigation to protect public interests effectively; there are natural relations between the intension, characteristic, forming important document of the interests of claim and the definite factor of plaintiff's qualification of administrative litigation. The keys of the interests of claim are judgments to the interests; the author thinks it should be judged from four factors: the interests' factor, formulation factor, space-time key element, suitability for judicial review. The theory of interests of claim is based on the judge's discretional right. The judicial independence principle is the prerequisite that the theory of interests really functions; the construction of the system of administrative legal precedent is to prevent the judge from abusing this theory and carrying on the judicial corruption and safeguarding the important insurance with unified legal system. It is easy to make a judgment of plaintiff's qualification when interests have specific demand in different mode of administrative litigation.