Research In Administrative Litigation

The issue of plaintiff qualification in administrative litigation is not only a basic theoretical issue in the administrative litigation law, but also an issue closely related to the judicial practice. At the time when the new judicial explanation has been enacted for about seven years and all kinds of litigations for rights come out continuously, the necessity and the urgency of studying the issue increase.The plaintiff qualifications in administrative litigation of America, England, France, Germany and Japan are examined in the first chapter. The plaintiff qualifications in the countries tend to be the same in essence, but are different in forms. The legal method and theory of law logic of identifying plaintiff qualifications are also different. Common principles of the law-governed state and common social conditions and administrative law ideas make plaintiff qualifications tend to be the same in essence; the differentiation of law genealogies, traditions and Administrative proceedings types make plaintiff qualifications different in forms. The historical developing of plaintiff qualifications in administrative litigation has a close relationship with the profound changes of administrative law ideas.An analysis on legislations and theories of plaintiff qualification in administrative litigation of our country is carried out in the second chapter. In the legislation, the specifications are complex, and the legal terms are chaotic, and it could not meet the demands of the society, because of the shortage of legislative theoretical preparation, the backwardness of administrative law ideas and the restraints of social conditions. Currently many helpful common views have been made on the theoretical researches on plaintiff qualification, but there are still some problems. For example, the legislative shortcomings are not fully realized, the researches on necessary restraint conditions are ignored and the new viewpoints still could not meet practical needs.It is pointed out in the third chapter that the way to get out the theoretical dilemma of plaintiff qualification in administrative litigation of our country is to perfect the theory of plaintiff qualification in our country by introducing and referring to new theories and set up a unified and perfected system of plaintiff qualification in administrative litigation when the opportune moment comes. The realization of the system should be carried out step by step according to the basic conditions of our country.