Research In Administrative Litigation

Plaintiff qualification in China's civil law suits is a hotly-debated topic. Plaintiff qualification not only affects legal rights of various parities but also reflects the degree of oversight over government. Plaintiff qualification has been a tough and hot issue in both academic world and actual civil law suits. Plaintiff qualification is a very complex issue and is often very difficult to apply theoretical analysis. Researches on plaintiff qualifications so far have been very shallow and inconsistent. As a result, legislation on plaintiff qualification is far from perfection. In actual legal procedure, plaintiff qualification has become more stringent, thus eroding appropriate functions of plaintiff qualification. Therefore, it is necessary to further study plaintiff qualification. This paper starts with basic theory of plaintiff qualification. It then analysizes existing deficiencies in plaintiff qualification, with help from surveys of plaintiff qualification in foreign legal systems. Finally, the paper proposes new concepts to improve and expand plaintiff qualification.This paper has four parts. Part I focuses on legal theory on plaintiff qualification. Various aspects of plaintiff qualification, such as definitions, functions, components, and different types of plaintiff qualification, are discussed from legal theory point of view. Part II surveys plaintiff qualification in many countries, as well as future trend of plaintiff qualification. Part III focuses on the analysis of the development, current status, and existing deficiencies of plaintiff qualification in China's legal system. Part IV proposes some key elements that need to be considered to improve and broaden plaintiff qualification in China's legal system. Some concepts are: (1) replace "legal interested party" standard with "interested party" standard; (2) give plaintiff qualification in civil law suits more abstract meaning; (3) further broaden plaintiff base; (4) qualify government branches as plaintiff in civil law suits.