Research On Plaintiff Qualification Of Administrative Litigation

Plaintiff qualification is an important concept in the administrative litigation, aswell as one of the most difficult issue to grasp in judicial practices. The definition ofplaintiff qualification can be a direct reflection of the level of a country’s democracyand nomocracy. At present, the formulation of plaintiff qualification in China is not sosystematic and scientific, which is in urgent need of further improvement. Thepurpose of this paper is to put forward some idea to improve our plaintiffqualification system, on the basis of full analysis of the issue of plaintiff qualification.First, this paper introduces the basic theory of plaintiff qualification ofadministrative litigation. This paper not only defines the concept of plaintiffqualification, but also makes a judge of the nature of plaintiff qualification. Besides,this paper introduces the main value of plaintiff qualification, and then makes acoherent distinction between plaintiff qualification and important related concepts,such as appeal right, scope of accepting cases, plaintiff status, conditions forprosecution and so on. Through combing these premise and basic issues, we candeepen our understanding of plaintiff qualification, easily discover and solve theproblems in plaintiff qualification, and get sufficient theoretical basis to analyze andimprove plaintiff qualification.In this paper, the formation and development of plaintiff qualification systemwill also be discussed. This section makes a brief introduction of the formation anddevelopment of plaintiff qualification system of several important foreign countries,to show important information in the developing course of plaintiff qualificationsystem in these countries. Then, this section details the developing course of plaintiffqualification system of our country. At last, this section makes a summary of theuseful experience which is showed in the development of plaintiff qualificationsystem of all countries, to provide a reference for the development of plaintiffqualification system of our country.This paper makes a detailed analysis of the status of China’s plaintiff qualification system of administrative litigation. This paper concludes the leadingproblems in China’s current plaintiff qualification system. There exist two plaintiffqualification standards in China’s current plaintiff qualification system, which arecalled “standard of legitimate rights and interests”and “standard of legal interest”,respectively established by our administrative litigation and judicial interpretation.The selection of the two standards is uncertain in judicial practice, and each standardhas many inadequacies. In this paper, the question will be discussed in detail. Second,make a necessary analysis of the reasons for these problems in China’s plaintiffqualification system, to find out countermeasures to improve China’s plaintiffqualification system.At last, this paper put forward the basic idea to improve China’s plaintiffqualification system of administrative litigation, and makes a try to improve China’splaintiff qualification system in the compound path of concept remodeling, legislativeimprovement and judicial attempt. In terms of concept, this paper makes somerecommendations to correct some misconceptions, which can be important for theoperation of our plaintiff qualification system. In terms of legislation, this paperreconstructs the standards of China’s plaintiff qualification to ensure that there existsonly one standard, and gives legislative suggestions to improve our plaintiffqualification system. In terms of justice, this paper suggests that give full play to theimportant role of the jurisprudence and ensure the discretion of the judge, and thengives some corresponding suggestions for improvement.The significance of this research is: through combing the basic theory of plaintiffqualification, studying the formation and development of plaintiff qualificationsystem, analyzing the problem in China’s plaintiff qualification system, to givefeasible and targeted proposals to improve China’s plaintiff qualification system.Given that China’s plaintiff qualification system is still relatively weak in theoreticalresearch, there are still some defects in legislative and judicial practice, I hope thatthis study can provide useful reference for the development and improvement ofChina’s plaintiff qualification system.