Administration Lawsuit Plaintiff Qualification Principle And Practical Case Study

The plaintiff qualification is a special concept in the administration litigation, it points the identify condition that can make the person or other organization bring up the administrative litigation and become the administrative litigation plaintiff,when they defy the administrational behavior. Accurate definition of eligible plaintiffs in administrative proceedings, not only to the state to protect the legitimate rights and interests, monitor the executive branch of the law, but also reflects a country's democratic political development. .Since the administration litigation system is found in our country, the research has been very week. As a result, the legislation is not perfect and the plaintiff qualification is enlarged or narrowed improperly. So the system can not give full play to it's function. So it's necessary to launch further research on the plaintiff qualification in theory.This article comprehensively uses different analysis method, begins with the basic theory and has four chapters:Chapter One The basic theory of the plaintiff qualification of administration litigation .On the basis of analyzing various viewpoints concerned, the conception, quality and function of the plaintiff qualification are discussed. Relationship between plaintiff qualification and accuser, accusation condition, limits of trials and plaintiff status is analyzed comparatively. Then condition mechanism plaintiff qualification is probed.Chapter Two Study on foreign plaintiff qualification of administration litigation. The basic condition of plaintiff qualification of five typical countries that is England, America, France, Japan and German is introduced. Then it comes to the characteristics of the developing trend of the administrative litigation plaintiff's qualification.Chapter Three Introduction of administrative litigation plaintiff History and status of qualification .First examine the evolution of China's qualification of plaintiff, according to the Administrative Procedure Law and the judicial interpretation of existing provisions, the standard analysis of the qualifications the plaintiff and that lack of the plaintiff for China's national conditions and eligibility criteria Elements.Chapter Four Advice on developing the plaintiff qualification of administration litigation in China .Pointing out the defect in the legislation, theory and practice of the plaintiff qualification in China and giving some pieces of advice on developing the plaintiff qualification from the subjective litigation and objective litigation particularly .In the hope of improving the plaintiff qualification of administrative proceedings theory and promoting rapid development of administrative proceedings practice.