The Judicial Identification Of The Plaintiff Qulificaiton In Administrative Proceeding

Qualification of plaintiff in administrative litigation is a basic issue that related to what kind of person can raise an administrative lawsuit. As the threshold of the administrative proceedings, Reasonable definition of the prosecutor who have the plaintiff qualification is very important, which influence the whole administrative litigation system to exertive its functions. In specific cases, the standard of the plaintiff qualification is identified too wide, non-related people can also bring an administrative lawsuit. It is easily to cause the abuse of litigation, the waste of judicial resources,and the impact on the efficiency of the administrative organ; however, the standard of the plaintiff qualification is identified too narrow, the person who should be able to bring an administrative lawsuit is blocked outside the gate of the judicial relief, which is harmful to achieve fair and protect the rights. Therefore, it is significate to identified the plaintiff qualification reasonable and effective in theory and in practice.In judicial practice, how the judge identified qualification of plaintiff in specific case is the focus of this article. It’s study path includes the following four aspects:First of all, through the interpretation of legislation on the plaintiff qualification in administrative litigation, our country established two judicial standards, includes the "legal interest "standard and "legitimate interests" standard; secondly, through the investigation of theory and practice, this part try to show the two standards of the plaintiff qualification’s understanding and their condition of application; Furthermore, through the judicial interpretation of some typed cases, this part can strengthen the understanding of two standard’s application; Finally, this part will conclude the rules and the elements of judgment in the judicial identification of the plaintiff qualification, through learning from the foreign experience, which can change the situation that the understanding and the application of the plaintiff qualification are confused in our country.