The Plaintiff's Qualification Of Administrative Litigation

The qualification of plaintiff who claims judicial review to administrative action is specially concerned by academic scholars and practitioner. Problems regarding plaintiff's qualification seems simple.however,it would produce controversy when associated with complex cases and specific claims. To meet the requirements of democracy and the rule of law, expanding the scope of plaintiff have reached widespread consensus at abroad and home. And the standard experienced the process from strict to relaxed. China is no exception. From the "legitimate interests" standard used in the nineties of last century's to the "legal interest" standard enforced at present, more citizens affected by administrative action gained the status as plaintiff. However, what is the limit? Different countries adopt different approachs to explicit the notion. Germany, Japan and Taiwan of China explained the problem about plaintiff's qualification with the help of the theory about subjective public rights. The system of the Administrative Litigation in China is originated in the civil law, however, except the law we have no corresponding theory, which produce confusion in the academic and practical world.Now I believe based on the existing system of rules, all we need is to establish an effective theory on the plaintiff's qualification. Then we can have a unified interpretation. Therefore, with the guidance of the theory about subjective public rights, comprehensive using of the "legitimate interests" standard and the "legal interest" standard is the paradigm concerning the plaintiff's qualification bulit by my article.