On The Qualification Of Plaintiff In Administrative Action

The plaintiff qualification of administrative litigation is one of the mostimportant concepts in the administrative action, its standard plays a decisive role onwhether the impeder can enter the administrative action. Therefore, the determinationof the standard of plaintiff’s qualification of administrative litigation has importantsignificance to protect the rights and interests of the parties. After the Second WorldWar, with the development of the society and economy, the standards of thequalification of the plaintiff in some western developed countries is lowerprogressively, in order to meet the needs of the social development. In our country,the plaintiff’s qualification of administrative litigation has experienced four periods,namely" no standard period", to" standard of provisions of law period",to " standardof legitimate rights and interests period " and to" legal interest standard period".However, the legislator hasn’t defined the plaintiff’s qualification of administrativelitigation clearly.In academic world, there are debates on the standard of plaintiff’s qualificationof administrative litigation, many scholars have put forward their ideas from differentangles, there are mainly "actual effect theory "," the right of claim of the substantivelaw theory "and" legitimate rights and interests be unfavorably affected theory". Theauthor thinks, the interpretations of "actual effect theory" and "the right of claim ofthe substantive law theory" on the plaintiff qualification standard are inaccurate,which don’t meet the requirement of social development. And "legitimate rights andinterests be unfavorably affected theory" is relatively accurate on the explanation ofthe plaintiff qualification standard.At present, some domestic scholars have made many analyses on plaintiff’squalification in their works, however, few scholars has done empirical analysis onadministrative cases and summarized the criterion for judgment of plaintiff qualification in the juridical practice. Therefore, firstly, this paper studies andsummarizes the administrative cases deeply, in order to make up for the deficiency ofempirical analyses on the qualification of plaintiff in administrative litigation. In ourcountry, the court use "the right of claim of the substantive law theory" in the juridicalpractice, namely the person has the qualification of the plaintiff only when the rightsclearly protected by the law are infringed. This is different from the "standard of theinterests should be protected by the law ",which is used by some advanced countries,and at the same time, it can’t meet the needs of social development. Secondly, thispaper analyses the cases of infringement of the right of adjacent. The author thinksthere are some unreasonable problems. One is the lack of the unified standard ofplaintiff qualification. In our country, the Administrative Litigation Law and thejudicial interpretation regulate the plaintiff qualification broadly, but in practice, thejudge analyses whether the impeder’s infringed rights are regulated by the law clearly,otherwise, it may not be accepted. Therefore, the general standard is equivalent to nostandard, and will cause more rights can’t be protected. The other is the lack of cleardefinition of the right of adjacent in the Administrative Litigation Law and thejudicial interpretation.The author thinks, in order to solve the problems of the cases of infringement ofthe right of adjacent in our country’s administrative litigation, firstly, the plaintiffqualification criterion should be made clearly. The person should have thequalification of plaintiff when his right of adjacent is infringed, no matter whether theright is regulated by the law clearly. The right of adjacent should be explained notonly by considering the specific legal provisions, but also by considering legalprinciples, purpose of legislation, the factual damage to the parties and so on, aimingat protecting the counterpart’s rights and interests better. Secondly, we should unifythe meaning and the scope the right of adjacent, so as to fit in with the developmentof the society, and the concept of the right of adjacent in the judicial explanation ofthe Administrative Litigation Law should try to contain associated rights in presentsociety of China.