Research In Administrative Litigation

Study on the Plaintiff Qualification of Administration Proceedings AbstractIn the process of administrative the plaintiff is entitled to resort to administrative disputes with the will of the interests of administrative proceedings. During the administrative proceedings, as the threshold, the plaintiff is eligible to have a fair and balanced function, the extent of their set degrees of strictness reflects a country's level of development of the rule of law. The world's major countries and regions, setting the eligibility criteria on the plaintiff invariably focus on the interests of the center, reflecting the trend of gradual relaxation.In China's current law, the definition of qualified administrative proceedings the plaintiff exists different standards and is not clear as to substantive standards, to replace the procedural standards, and does not provide for administrative public interest litigation plaintiffs lack of qualifications. In view of this, the theoretical circles on how to improve the qualification of plaintiff in administrative proceedings commenced an extensive discussion. In this paper, generally speaking, analysis and drawing on the results of previous studies on the basis of a complete set of administrative proceedings should be divided into two aspects, one should be based on the prosecutor requested the contents of the proceedings based on the type division of administrative litigation around the revocation proceedings, Section I duty litigation, general payment litigation, confirmation proceedings, the proceedings of these four basic types of construction to reconstruct China's Administrative Litigation qualifications, on the other hand the administrative public interest litigation plaintiffs qualify as a special case of administrative proceedings on the administrative procedure law to provide for.